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
<![CDATA[
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superseded by intervening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entered or withdrawn from warehouse,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 https://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 https://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
https://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 https://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 https://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
