Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From India: Preliminary Affirmative Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 48819-48821 [2015-20124]

Download as PDF Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices Implementation of the Revised Cash Deposit Requirements On August 4, 2015, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA and after consulting with the Department and Congress, the USTR directed the Department to implement these final determinations. With respect to each of these proceedings, unless the applicable cash deposit rate has been superseded by intervening administrative reviews, the Department will instruct U.S. Customs and Border Protection to require a cash deposit for estimated ADs at the appropriate rate for each exporter/producer specified above, for entries of subject merchandise, entered or withdrawn from warehouse, for consumption, on or after August 4, 2015. This notice of implementation of these section 129 final determinations is published in accordance with section 129(c)(2)(A) of the URAA. Dated: August 7, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–20085 Filed 8–13–15; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–533–862] Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From India: Preliminary Affirmative Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, 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/exporters of certain polyethylene terephthalate (PET) resin from India. The period of investigation is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on this preliminary determination. asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: DATES: Effective Date: August 14, 2015. FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Angelica Townshend, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–3813 or (202) 482–3019, 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.3 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 India,’’ 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. 3 See Preliminary Decision Memorandum. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 48819 relied, in part, on facts available and, because one respondent did not act to the best of its 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 with respect to that respondent.4 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying 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 India based on a request made by Petitioners.5 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, 2015,6 unless postponed. Preliminary Affirmative Determination of Critical Circumstances On July 16, 2015, Petitioners filed a timely critical circumstances allegation, pursuant to section 773(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of PET resin from India.7 We preliminarily determine that critical circumstances do not exist for Dhunseri Petrochem Ltd., but do exist for JBF Industries Limited, and the all-others companies. A discussion of our determination can be found in the Preliminary Decision Memorandum at the section, ‘‘Critical Circumstances.’’ Preliminary Determination and Suspension of Liquidation We preliminarily determine the countervailable subsidy rates to be: 4 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. 6 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). 7 See Letter from Petitioners dated July 16, 2015. 5 DAK E:\FR\FM\14AUN1.SGM 14AUN1 48820 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices Secretary for Enforcement and Compliance no later than seven days after the date on which the final Dhunseri Petrochem Ltd (forverification report is issued in this merly Dhunseri Petrochem proceeding, and rebuttal briefs, limited and Tea Ltd) (collectively, to issues raised in case briefs, may be Dhunseri) ........................... 5.50 JBF Industries Limited .......... 115.04 submitted no later than five days after All-Others .............................. 5.50 the deadline date for case briefs.8 A table of contents, list of authorities used and an executive summary of issues In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we are should accompany any briefs submitted to the Department. This summary directing U.S. Customs and Border Protection (CBP) to suspend liquidation should be limited to five pages total, including footnotes. of all entries of PET resin from India Interested parties who wish to request that are entered, or withdrawn from a hearing must submit a written request warehouse, for consumption on or after the date of the publication of this notice to the Assistant Secretary for Enforcement and Compliance, U.S. in the Federal Register, and to require Department of Commerce, filed a cash deposit for such entries of electronically using ACCESS. An merchandise in the amounts indicated electronically filed request for a hearing above. Moreover, because we must be received successfully in its preliminarily find that critical circumstances exist with respect to JBF entirety by the Department’s electronic Industries Ltd. and all other exporters or records system, ACCESS, by 5:00 p.m. producers not individually examined, in Eastern Time, within 30 days after the accordance with section 703(e)(2)(A) of date of publication of this notice.9 the Act, we are directing CBP to apply Requests should contain the party’s the suspension of liquidation to any name, address, and telephone number; unliquidated entries entered, or the number of participants; and a list of withdrawn from warehouse for the issues to be discussed. If a request consumption by these companies, on or for a hearing is made, the Department after the date which is 90 days prior to intends to hold the hearing at the U.S. the date of publication of this notice in Department of Commerce, 14th Street the Federal Register. and Constitution Avenue NW., Sections 703(d) and 705(c)(5)(A) of Washington, DC 20230, at a date and the Act state that for companies not time to be determined. Parties will be investigated, we will determine an allnotified of the date and time of any others rate by weighting the individual hearing. The hearing will be limited to company subsidy rate of each of the issues raised in the respective briefs.10 companies investigated by each International Trade Commission company’s exports of subject Notification merchandise to the United States, excluding rates that are zero or de In accordance with section 703(f) of minimis or any rates determined the Act, we will notify the International entirely on the facts available. In this Trade Commission (ITC) of our investigation, the only rate that is not determination. In addition, we are zero or de minimis or determined making available to the ITC all nonentirely on facts available is the rate privileged and non-proprietary calculated for Dhunseri. Consequently, information relating to this the rate calculated for Dhunseri is also investigation. We will allow the ITC assigned as the ‘‘all-others’’ rate. access to all privileged and business proprietary information in our files, Verification provided the ITC confirms that it will As provided in section 782(i)(1) of the not disclose such information, either Act, we intend to verify the information publicly or under an administrative submitted by Dhunseri and the protective order, without the written Government of India (GOI) prior to consent of the Assistant Secretary for making our final determination. Enforcement and Compliance. In accordance with section 705(b)(2) Disclosure and Public Comment of the Act, if our final determination is The Department intends to disclose to affirmative, the ITC will make its final interested parties the calculations determination within 45 days after the performed for this preliminary Department makes its final determination within five days of the determination. date of public announcement of this determination in accordance with 19 8 See 19 CFR 351.309; see also 19 CFR 351.303 CFR 351.224(b). Case briefs or other (for general filing requirements). 9 See 19 CFR 351.310(c). written comments for all non-scope 10 Id. issues may be submitted to the Assistant asabaliauskas on DSK5VPTVN1PROD with NOTICES Exporter/producer VerDate Sep<11>2014 18:50 Aug 13, 2015 Subsidy rate (percent) Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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. Initiation and Case History B. Period of Investigation III. Alignment IV. Scope Comments V. Scope of the Investigation VI. Injury Test VII. Subsidies Valuation A. Allocation Period B. Attribution of Subsidies C. Denominators D. Benchmarks and Discount Rates ShortTerm and Long-Term Rupee Denominated Loans Discount Rates VIII. Use of Facts Otherwise Available and Adverse Inferences JBF Industries Limited (JBF) Selection of the Adverse Facts Available Rate Corroboration of Secondary Information IX. Critical Circumstances X. Analysis of Programs A. Programs Preliminarily Determined To Be Countervailable 1. Export Promotion of Capital Goods Scheme (EPCG) 2. Duty Drawback (DDB) 3. Focus Product Scheme (FPS) 4. Income Tax Exemption Scheme (ITES) 5. Incentive Under the West Bengal State Support for Industries Scheme B. Programs Preliminary Determined Not To Be Used or Not To Confer a Benefit During the POI by Dhunseri Government of India Programs a) Pre- and Post-Shipment Export Financing b) Status Holder Incentive Scrip c) Advance Licenses Program d) Focus Market Scheme e) Special Economic Zones (6 programs) Export Oriented Units (EOUs) Program: Duty Drawback on Furnace Oil Procured From Domestic Oil Companies f) GOI Loan Guarantees g) Market Development Assistance Program State Government Programs h) Maharashtra Market Development Assistance Program i) Maharashtra Industrial Promotion Subsidy j) Maharashtra Electricity Duty Exemption k) Maharashtra Waiver of Stamp Duty l) State Government of Maharashtra— Incentives to Strengthening Micro-, Small-, and Medium-Sized and Large Scale Industries m) State Government of Gujarat—Industrial Policy 2009 Scheme C. Programs For Which Additional Information Is Needed D. Preliminary AFA Rates Determined for Programs Used by JBF E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices XI. Calculation of the All Others Rate XII. ITC Notification XIII. Disclosure and Public Comment XIV. Verification Recommendation [FR Doc. 2015–20124 Filed 8–13–15; 8:45 am] submission of LoIs, NIST invites companies with relevant technology to enter into a Collaborative Research and Development Agreement (CRADA) with NIST. BILLING CODE 3510–DS–P II. Method of Collection Upon request, submitters are provided with questions in an electronic document that can be filled in, signed, and submitted via mail or electronic mail. DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; National Cybersecurity Center of Excellence Participant Letter of Interest III. Data National Institute of Standards and Technology (NIST), Department of Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before October 13, 2015. SUMMARY: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Lucy Salah, 9600 Gudelsky Dr., Rockville, MD 20850 or Lucy.Salah@nist.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: asabaliauskas on DSK5VPTVN1PROD with NOTICES I. Abstract In order to fulfill its core mission, the National Cybersecurity Center of Excellence (NCCoE) publishes announcements in the Federal Register of new collaborative projects to address cybersecurity challenges. In response to these announcements, technology vendors are invited to submit Letters of Interest (LoI) for technologies relevant to the challenge. These letters specify the product(s) that the potential collaborator is submitting for consideration, how the product(s) address(es) one or more of the requirements of the project, and contact information for the company’s representative. Subsequent to the VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 OMB Control Number: 0693–XXXX. Form Number(s): None. Type of Review: New Information Collection. Affected Public: Businesses or other for profit. Estimated Number of Respondents: 100 per year. Estimated Time per Response: 30 minutes. Estimated Total Annual Burden Hours: 50 hours. Estimated Total Annual Cost to Public: $0. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: August 10, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2015–20015 Filed 8–13–15; 8:45 am] BILLING CODE 3510–13–P PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 48821 DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number: 150508436–5436–01] National Cybersecurity Center of Excellence, Attribute Based Access Control Building Block National Institute of Standards and Technology, Department of Commerce. ACTION: Notice. AGENCY: The National Institute of Standards and Technology (NIST) invites organizations to provide products and technical expertise to support and demonstrate security platforms for the Attribute Based Access Control Building Block. This notice is the initial step for the National Cybersecurity Center of Excellence (NCCoE) in collaborating with technology companies to address cybersecurity challenges identified under the Attribute Based Access Control Building Block. Participation in the building block is open to all interested organizations. DATES: Interested parties must contact NIST to request a letter of interest template to be completed and submitted to NIST that identifies the organization requesting participation in the Attribute Based Access Control Building Block and the capabilities and components that are being offered to the collaborative effort. Letters of interest will be accepted on a first come, first served basis. Collaborative activities will commence as soon as enough completed and signed letters of interest have been returned to address all the necessary components and capabilities, but no earlier than September 14, 2015. When the building block has been completed, NIST will post a notice on the NCCoE Attribute Based Access Control Building Block Web site at http://nccoe.nist.gov/content/attributebased-access-control announcing the completion of the building block and informing the public that it will no longer accept letters of interest for this building block. ADDRESSES: The NCCoE is located at 9600 Gudelsky Drive, Rockville, MD 20850. Letters of interest must be submitted to abac-nccoe@nist.gov or via hardcopy to National Institute of Standards and Technology, NCCoE; 9600 Gudelsky Drive; Rockville, MD 20850. Organizations whose letters of interest are accepted in accordance with the process set forth in the SUPPLEMENTARY INFORMATION section of SUMMARY: E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48819-48821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20124]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-862]


Countervailing Duty Investigation of Certain Polyethylene 
Terephthalate Resin From India: Preliminary Affirmative Determination, 
Preliminary Affirmative Critical Circumstances Determination, in Part, 
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/exporters of certain polyethylene terephthalate (PET) resin 
from India. The period of investigation is January 1, 2014, through 
December 31, 2014. Interested parties are invited to comment on this 
preliminary determination.

DATES: Effective Date: August 14, 2015.

FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Angelica Townshend, 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) 482-3019, 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 India,'' 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.\3\ 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.
    \3\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    The Department notes that, in making this preliminary 
determination, we relied, in part, on facts available and, because one 
respondent did not act to the best of its 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 
with respect to that respondent.\4\ For further information, see ``Use 
of Facts Otherwise Available and Adverse Inferences'' in the 
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ 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 India based on a request made by Petitioners.\5\ 
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,\6\ unless postponed.
---------------------------------------------------------------------------

    \5\ DAK Americas, LLC; M&G Chemicals; and Nan Ya Plastics 
Corporation, America (collectively, Petitioners); see also Letter 
from Petitioners dated, July 31, 2015.
    \6\ 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 Affirmative Determination of Critical Circumstances

    On July 16, 2015, Petitioners filed a timely critical circumstances 
allegation, pursuant to section 773(e)(1) of the Act and 19 CFR 
351.206(c)(1), alleging that critical circumstances exist with respect 
to imports of PET resin from India.\7\ We preliminarily determine that 
critical circumstances do not exist for Dhunseri Petrochem Ltd., but do 
exist for JBF Industries Limited, and the all-others companies. A 
discussion of our determination can be found in the Preliminary 
Decision Memorandum at the section, ``Critical Circumstances.''
---------------------------------------------------------------------------

    \7\ See Letter from Petitioners dated July 16, 2015.
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be:

[[Page 48820]]



------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                        (percent)
------------------------------------------------------------------------
Dhunseri Petrochem Ltd (formerly Dhunseri Petrochem and             5.50
 Tea Ltd) (collectively, Dhunseri)......................
JBF Industries Limited..................................          115.04
All-Others..............................................            5.50
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
are directing U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of PET resin from India 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. Moreover, because we preliminarily find that critical 
circumstances exist with respect to JBF Industries Ltd. and all other 
exporters or producers not individually examined, in accordance with 
section 703(e)(2)(A) of the Act, we are directing CBP to apply the 
suspension of liquidation to any unliquidated entries entered, or 
withdrawn from warehouse for consumption by these companies, on or 
after the date which is 90 days prior to the date of publication of 
this notice in the Federal Register.
    Sections 703(d) and 705(c)(5)(A) of the Act state that for 
companies not investigated, we will determine an all-others rate by 
weighting 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. In this investigation, the 
only rate that is not zero or de minimis or determined entirely on 
facts available is the rate calculated for Dhunseri. Consequently, the 
rate calculated for Dhunseri is also assigned as the ``all-others'' 
rate.

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by Dhunseri and the Government of India (GOI) 
prior to making our final determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed for this preliminary determination 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.\8\ 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.
---------------------------------------------------------------------------

    \8\ 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.\9\ 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.\10\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ 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: 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. Initiation and Case History
    B. Period of Investigation
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Subsidies Valuation
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominators
    D. Benchmarks and Discount Rates Short-Term and Long-Term Rupee 
Denominated Loans Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
    JBF Industries Limited (JBF)
    Selection of the Adverse Facts Available Rate
    Corroboration of Secondary Information
IX. Critical Circumstances
X. Analysis of Programs
    A. Programs Preliminarily Determined To Be Countervailable
    1. Export Promotion of Capital Goods Scheme (EPCG)
    2. Duty Drawback (DDB)
    3. Focus Product Scheme (FPS)
    4. Income Tax Exemption Scheme (ITES)
    5. Incentive Under the West Bengal State Support for Industries 
Scheme
    B. Programs Preliminary Determined Not To Be Used or Not To 
Confer a Benefit During the POI by Dhunseri
    Government of India Programs
    a) Pre- and Post-Shipment Export Financing
    b) Status Holder Incentive Scrip
    c) Advance Licenses Program
    d) Focus Market Scheme
    e) Special Economic Zones (6 programs) Export Oriented Units 
(EOUs) Program: Duty Drawback on Furnace Oil Procured From Domestic 
Oil Companies
    f) GOI Loan Guarantees
    g) Market Development Assistance Program
    State Government Programs
    h) Maharashtra Market Development Assistance Program
    i) Maharashtra Industrial Promotion Subsidy
    j) Maharashtra Electricity Duty Exemption
    k) Maharashtra Waiver of Stamp Duty
    l) State Government of Maharashtra--Incentives to Strengthening 
Micro-, Small-, and Medium-Sized and Large Scale Industries
    m) State Government of Gujarat--Industrial Policy 2009 Scheme
    C. Programs For Which Additional Information Is Needed
    D. Preliminary AFA Rates Determined for Programs Used by JBF

[[Page 48821]]

XI. Calculation of the All Others Rate
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
    Recommendation
[FR Doc. 2015-20124 Filed 8-13-15; 8:45 am]
 BILLING CODE 3510-DS-P