Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 48810-48812 [2015-20088]

Download as PDF 48810 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices 2015, Zhongshan Superte Kitchenware Co., Ltd. (Superte) requested an administrative review of its POR sales.3 In accordance with 19 CFR 351.221(c)(1)(i), the Department published a notice initiating an administrative review of Yingao, B&R, New Shichu, Dongyuan, and Superte on May 26, 2015.4 Yingao, New Shichu and Dongyuan withdrew their requests for an administrative review on June 24, 2015.5 B&R withdrew its request for an administrative review on July 27, 2015.6 Superte withdrew its request for administrative review on July 28, 2015.7 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, all parties withdrew their requests for review within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety. asabaliauskas on DSK5VPTVN1PROD with NOTICES Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries of sinks from the for Administrative Review’’ dated April 28, 2015; letter from B&R, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China: Request for Countervailing Duty Administrative Review’’ dated April 28, 2015; letter from New Shichu, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China: Request for Administrative Review’’ dated April 28, 2015; letter from Dongyuan, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China: Request for Administrative Review’’ dated April 28, 2015. 3 See Letter from Superte, ‘‘Drawn Stainless Steel Sinks from China; Administrative Review Request’’ dated April 29, 2015. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 30041 (May 26, 2015). 5 See Letter from Yingao, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China: Withdraw Request for Annual Administrative Review’’ dated June 24, 2015; letter from New Shichu, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China: Withdraw Request for Annual Administrative Review’’ dated June 24, 2015; letter from Dongyuan, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China: Withdraw Request for Annual Administrative Review’’ dated June 24, 2015. 6 See Letter from B&R, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China: Withdrawal of Request for Countervailing Duty Administrative Review’’ dated July 27, 2015. 7 See Letter from Superte, ‘‘Drawn Stainless Steel Sinks from China: Withdrawal of Administrative Review Request’’ dated July 28, 2015. VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 PRC. Countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. Notifications This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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 issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: August 7, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–19981 Filed 8–13–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–025] Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin 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 certain polyethylene terephthalate (PET) resin from the People’s Republic of China (the PRC). We invite interested parties to comment on this preliminary determination. DATES: Effective Date: August 14, 2015. FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Ilissa Shefferman, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.3813 or 202.482.4684, respectively. SUPPLEMENTARY INFORMATION: Scope of the Investigation The merchandise covered by this investigation is PET resin. The merchandise subject to this investigation is properly classified under subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.1 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 Memorandum. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at http://trade.gov/ enforcement. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. The Department notes that, in making this preliminary determination, we 1 For a complete description of the Scope of the Order, see Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin from the People’s Republic of China,’’ dated concurrently with this notice (Preliminary Decision Memorandum). 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. E:\FR\FM\14AUN1.SGM 14AUN1 48811 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices 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 Memorandum. Alignment As noted in the Preliminary Decision Memorandum, 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 PET resin from the PRC based on a request made by Petitioners.4 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 December 21, 2015,5 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: Subsidy rate (percent) Exporter/producer asabaliauskas on DSK5VPTVN1PROD with NOTICES Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd., Jiangyin Xingtai New Material Co., Ltd., Jiangsu Xingye Polarization Co., Ltd., Jiangsu Sanfangxiang Group Co., Ltd., Jiangyin Hailun Petrochemicals Co., Ltd., Jiangyin Xinlun Chemical Fiber Co., Ltd., Jiangyin Huasheng Polymer Co., Ltd., Jiangsu SanFangxiang International Trading Co., Ltd., Jiangyin HuaYi Polymerization Co., Ltd., Jiangyin Xingsheng Plastic Co., Ltd., Jiangyin Chemical Fiber Co., Ltd., Jiangyin Huaxing Synthetic Co., Ltd., Jiangyin Bolun Chemical Fiber Co., Ltd. (collectively, Xingyu) ................. Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu Petrochemicals Co., Ltd.; Xianglu Petrochemicals (Zhangzhou) Co., Ltd.; and Xiamen Xianglu Chemical Fiber Company Limited (collectively, Dragon) ............................................................................... All-Others ............................................................................................................................................................................................. 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 PET resin 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. Sections 703(d) and 705(c)(5)(A) of the Act state that, for companies not investigated, we determine an ‘‘allothers rate,’’ by weighting the subsidy rates of the individual company subsidy rate of each of the companies investigated by each company’s exports of subject merchandise to the United States excluding rates that are zero or de minimis or any rates determined entirely on the facts available. Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we have not calculated the ‘‘all-others’’ rate by 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 companies’ rates. 3 See sections 776(a) and (b) of the Act. Americas, LLC, M&G Chemicals, and Nan Ya Plastics Corporation, America (collectively, Petitioners); see also Letter from Petitioners dated, July 31, 2015. 4 DAK VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 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.6 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 must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An 5 We note that the current deadline for the final AD determination is December 20, 2015, which is a Sunday. Pursuant to Department practice, the signature date will be the next business day, which is Monday, December 21, 2015. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 4.27 18.88 11.58 electronically filed request for a hearing must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.7 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.8 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 Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 6 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 7 See 19 CFR 351.310(c). 8 Id. E:\FR\FM\14AUN1.SGM 14AUN1 48812 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices 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: August 7, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. asabaliauskas on DSK5VPTVN1PROD with NOTICES Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 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 E. Input Benchmarks XI. Use of Facts Otherwise Available and Adverse Inferences XII. Analysis of Programs A. Programs Preliminarily Determined To Be Countervailable 1. Policy Loans to the PET Resin Industry 2. Preferential Export Financing 3. Export Seller’s Credits 4. Import Tariff and Value-Added Tax (VAT) Exemptions on Imported Equipment in Encouraged Industries 5. Provision of Inputs for LTAR a. Provision of MEG and PTA for LTAR b. Provision of Electricity for LTAR 6. Energy Savings Technology Reform 7. 2013 Annual Incentive Funds Stable Foreign Trade Policy 8. Export Credit Insurance 9. Import/Export Credit Insurance/2013 Foreign Trade Policy Award 10. Transition Gold Support 11. Overseas Investment Discount (Jiangsu Province DOC) 12. Energy Saving 13. Technology Reform Interest Subsidy 14. 2012 and 2013 Refund of Land Use Tax 15. Income Tax Deduction for New HighTechnology Enterprise (HNTE) 16. Project Subsidy From Haicang Bureau of Science and Technology 17. Other Subsidy: Bounty for Enterprise With Production and Sales Growth: 0.02 Percent Ad Valorem VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 18. Other Subsidy: 2013 Enterprise Financing Subsidy: 0.02 Percent Ad Valorem 19. Other Subsidy: Subsidy Income in the Fourth Quarter of 2013: 0.01 Percent Ad Valorem 20. Other Subsidy: Subsidy for Social Security: 0.03 Percent Ad Valorem 21. Other Subsidy: Bounty for Enterprise With Production and Sales Growth: 0.01 Percent Ad Valorem 22. Other Subsidy: 2013 Export Credit Insurance Premium Subsidy: 0.01 percent Ad Valorem 23. Other Subsidy: Subsidy for Social Security Premium of Employees: 0.01 Percent Ad Valorem B. Programs Preliminary Determined Not To Be Used During the POI 1. International Market Exploration Fund (SME Fund) 2. City Construction Tax and Education Fees Exemptions for FIEs 3. Xiamen Municipality Support for Pivotal Manufacturing Industries 4. Xinghuo Development Zone Recycling Economic Construction Specialized Fund 5. Science & Technology Awards 6. Yangpu Economic Development Zone Preferential Tax Policies 7. Xinghuo Development Zone Industrial Structural Adjustment Fund 8. Income Tax Credits for Foreign Invested Enterprises (FIEs) and Certain Domestically-Owned Companies Purchasing Domestically-Produced Equipment 9. VAT Subsidies for FIEs 10. Provision of Land for LTAR to Enterprises in Xinghuo Development Zone, Fengxian District, Shanghai Municipality 11. Provision of Land for LTAR to Enterprises in Yangpu Economic Development Zone, Hainan Province C. Programs With No Measurable Benefit 1. GOC and Sub-Central Government Subsidies for the Development of Famous Brands and China World Top Brands 2. Income Tax Deductions for Research and Development Expenses Under the Enterprise Income Tax Law 3. VAT Refunds for FIEs Purchasing Domestically-Produced Equipment D. Programs for Which Additional Information Is Needed 1. Provisions of Land for LTAR to Enterprises in Haicang Investment Zone, Xiamen, Fuijian Province 2. New Subsidy Allegations 3. Additional Cross-Owned Companies XIII. ITC Notification XIV. Disclosure and Public Comment XV. Verification XVI. Conclusion [FR Doc. 2015–20088 Filed 8–13–15; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–937; A–570–958; A–570–956; A– 570–977; A–570–970; A–570–979; A–570– 981] Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act: Citric Acid and Citrate Salts From the People’s Republic of China; Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People’s Republic of China; Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China; High Pressure Steel Cylinders From the People’s Republic of China; Multilayered Wood Flooring From the People’s Republic of China; Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China; Utility Scale Wind Towers From the People’s Republic of China Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 4, 2015, the U.S. Trade Representative (USTR) instructed the Department of Commerce (Department) to implement its determinations under section 129 of the Uruguay Round Agreements Act (URAA) regarding the antidumping duty (AD) investigations on certain coated paper suitable for high-quality print graphics using sheet-fed presses from the People’s Republic of China (PRC); seamless carbon and alloy steel standard, line, and pressure pipe from the PRC; high pressure steel cylinders from the PRC; multilayered wood flooring from the PRC; certain crystalline silicon photovoltaic cells, whether or not assembled into modules, from the PRC; and utility scale wind towers from the PRC; and regarding the AD administrative review of citric acid and citrate salts from the PRC, which renders them not inconsistent with the World Trade Organization (WTO) dispute settlement findings in the Appellate Body report on United States — Countervailing and Anti-dumping Measures on Certain Products from China, WT/DS449/AB/R (July 7, 2014), and the panel report, as modified by the Appellate Body report, WT/DS449/R (March 27, 2014), adopted by the WTO Dispute Settlement Body on July 22, 2014 (DS 449). The Department issued its final determinations in these section 129 proceedings between July 14, 2015, AGENCY: E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48810-48812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20088]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-025]


Countervailing Duty Investigation of Certain Polyethylene 
Terephthalate Resin 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 certain polyethylene terephthalate (PET) 
resin from the People's Republic of China (the PRC). We invite 
interested parties to comment on this preliminary determination.

DATES: Effective Date: August 14, 2015.

FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Ilissa 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 
or 202.482.4684, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The merchandise covered by this investigation is PET resin. The 
merchandise subject to this investigation is properly classified under 
subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.\1\
---------------------------------------------------------------------------

    \1\ For a complete description of the Scope of the Order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Determination 
in the Countervailing Duty Investigation of Certain Polyethylene 
Terephthalate Resin from the People's Republic of China,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

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 Memorandum. The Preliminary 
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 
Preliminary Decision Memorandum can be accessed directly at http://trade.gov/enforcement. The signed Preliminary Decision Memorandum and 
the electronic versions of the Preliminary Decision Memorandum 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 this preliminary 
determination, we

[[Page 48811]]

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 
Memorandum.
---------------------------------------------------------------------------

    \3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memorandum, 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 
PET resin from the PRC based on a request made by Petitioners.\4\ 
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 December 21, 2015,\5\ unless postponed.
---------------------------------------------------------------------------

    \4\ DAK Americas, LLC, M&G Chemicals, and Nan Ya Plastics 
Corporation, America (collectively, Petitioners); see also Letter 
from Petitioners dated, July 31, 2015.
    \5\ We note that the current deadline for the final AD 
determination is December 20, 2015, which is a Sunday. Pursuant to 
Department practice, the signature date will be the next business 
day, which is Monday, December 21, 2015. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

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:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                        (percent)
------------------------------------------------------------------------
Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye              4.27
 Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd.,
 Jiangyin Xingtai New Material Co., Ltd., Jiangsu Xingye
 Polarization Co., Ltd., Jiangsu Sanfangxiang Group Co.,
 Ltd., Jiangyin Hailun Petrochemicals Co., Ltd.,
 Jiangyin Xinlun Chemical Fiber Co., Ltd., Jiangyin
 Huasheng Polymer Co., Ltd., Jiangsu SanFangxiang
 International Trading Co., Ltd., Jiangyin HuaYi
 Polymerization Co., Ltd., Jiangyin Xingsheng Plastic
 Co., Ltd., Jiangyin Chemical Fiber Co., Ltd., Jiangyin
 Huaxing Synthetic Co., Ltd., Jiangyin Bolun Chemical
 Fiber Co., Ltd. (collectively, Xingyu).................
Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu                  18.88
 Petrochemicals Co., Ltd.; Xianglu Petrochemicals
 (Zhangzhou) Co., Ltd.; and Xiamen Xianglu Chemical
 Fiber Company Limited (collectively, Dragon)...........
All-Others..............................................           11.58
------------------------------------------------------------------------

    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 PET resin 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.
    Sections 703(d) and 705(c)(5)(A) of the Act state that, for 
companies not investigated, we determine an ``all-others rate,'' by 
weighting the subsidy rates of the individual company subsidy rate of 
each of the companies investigated by each company's exports of subject 
merchandise to the United States excluding rates that are zero or de 
minimis or any rates determined entirely on the facts available. 
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we 
have not calculated the ``all-others'' rate by 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 companies' 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.\6\ 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.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. An electronically filed request for a hearing must be received 
successfully in its entirety by the Department's electronic records 
system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\7\ 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.\8\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
    \8\ 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

[[Page 48812]]

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: August 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

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
    E. Input Benchmarks
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
    A. Programs Preliminarily Determined To Be Countervailable
    1. Policy Loans to the PET Resin Industry
    2. Preferential Export Financing
    3. Export Seller's Credits
    4. Import Tariff and Value-Added Tax (VAT) Exemptions on 
Imported Equipment in Encouraged Industries
    5. Provision of Inputs for LTAR
    a. Provision of MEG and PTA for LTAR
    b. Provision of Electricity for LTAR
    6. Energy Savings Technology Reform
    7. 2013 Annual Incentive Funds Stable Foreign Trade Policy
    8. Export Credit Insurance
    9. Import/Export Credit Insurance/2013 Foreign Trade Policy 
Award
    10. Transition Gold Support
    11. Overseas Investment Discount (Jiangsu Province DOC)
    12. Energy Saving
    13. Technology Reform Interest Subsidy
    14. 2012 and 2013 Refund of Land Use Tax
    15. Income Tax Deduction for New High-Technology Enterprise 
(HNTE)
    16. Project Subsidy From Haicang Bureau of Science and 
Technology
    17. Other Subsidy: Bounty for Enterprise With Production and 
Sales Growth: 0.02 Percent Ad Valorem
    18. Other Subsidy: 2013 Enterprise Financing Subsidy: 0.02 
Percent Ad Valorem
    19. Other Subsidy: Subsidy Income in the Fourth Quarter of 2013: 
0.01 Percent Ad Valorem
    20. Other Subsidy: Subsidy for Social Security: 0.03 Percent Ad 
Valorem
    21. Other Subsidy: Bounty for Enterprise With Production and 
Sales Growth: 0.01 Percent Ad Valorem
    22. Other Subsidy: 2013 Export Credit Insurance Premium Subsidy: 
0.01 percent Ad Valorem
    23. Other Subsidy: Subsidy for Social Security Premium of 
Employees: 0.01 Percent Ad Valorem
    B. Programs Preliminary Determined Not To Be Used During the POI
    1. International Market Exploration Fund (SME Fund)
    2. City Construction Tax and Education Fees Exemptions for FIEs
    3. Xiamen Municipality Support for Pivotal Manufacturing 
Industries
    4. Xinghuo Development Zone Recycling Economic Construction 
Specialized Fund
    5. Science & Technology Awards
    6. Yangpu Economic Development Zone Preferential Tax Policies
    7. Xinghuo Development Zone Industrial Structural Adjustment 
Fund
    8. Income Tax Credits for Foreign Invested Enterprises (FIEs) 
and Certain
    Domestically-Owned Companies Purchasing Domestically-Produced 
Equipment
    9. VAT Subsidies for FIEs
    10. Provision of Land for LTAR to Enterprises in Xinghuo 
Development Zone, Fengxian District, Shanghai Municipality
    11. Provision of Land for LTAR to Enterprises in Yangpu Economic 
Development Zone, Hainan Province
    C. Programs With No Measurable Benefit
    1. GOC and Sub-Central Government Subsidies for the Development 
of Famous Brands and China World Top Brands
    2. Income Tax Deductions for Research and Development Expenses 
Under the Enterprise Income Tax Law
    3. VAT Refunds for FIEs Purchasing Domestically-Produced 
Equipment
    D. Programs for Which Additional Information Is Needed
    1. Provisions of Land for LTAR to Enterprises in Haicang 
Investment Zone, Xiamen, Fuijian Province
    2. New Subsidy Allegations
    3. Additional Cross-Owned Companies
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion

[FR Doc. 2015-20088 Filed 8-13-15; 8:45 am]
 BILLING CODE 3510-DS-P