Certain Biaxial Integral Geogrid Products From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 7755-7760 [2016-03086]
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Comment 5: Whether the Department Used
the Wrong Figure To Calculate the Duty
Drawback Subsidy for Jindal
[FR Doc. 2016–03082 Filed 2–12–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–036]
Certain Biaxial Integral Geogrid
Products From the People’s Republic
of China: Initiation of Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective date: February 16, 2016.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock at (202) 482–1394 and Susan
Pulongbarit (202) 482–4031, AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
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On January 13, 2016, the Department
of Commerce (‘‘the Department’’)
received an antidumping duty (‘‘AD’’)
petition concerning imports of certain
biaxial integral geogrid products
(‘‘geogrids’’) from the People’s Republic
of China (‘‘PRC’’), filed in proper form
on behalf of Tensar Corporation
(‘‘Petitioner’’).1 The AD petition was
accompanied by a countervailing duty
(‘‘CVD’’) petition for the PRC.2
Petitioner is a domestic producer of
geogrids.3
On January 15, 2016, the Department
requested additional information and
clarification of certain areas of the
Petition,4 and Petitioner timely filed
responses to these requests on January
20, 2016.5 On January 26, 2016, the
1 See the Petitions for the Imposition of
Antidumping Duties and Countervailing Duties:
Certain Biaxial Integral Geogrid Products from the
People’s Republic of China, dated January 13, 2016
(‘‘the Petition’’).
2 Id.
3 See Volume I of the Petition at 2.
4 See Letters from the Department to Petitioner
entitled ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Certain Biaxial Integral Geogrid Products from
the People’s Republic of China: Supplemental
Questions,’’ January 15, 2016 (‘‘General Issues
Supplemental Questionnaire’’); and ‘‘Petition for
the Imposition of Antidumping Duties on Certain
Biaxial Integral Geogrid Products from the People’s
Republic of China,’’ dated January 15, 2016 (‘‘AD
Supplemental Questionnaire’’).
5 See Petitioner’s Response to the AD
Supplemental Questionnaire, dated January 20,
2016 (‘‘AD Petition Supplement’’) and Petitioner’s
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Department requested additional
information and clarification on the
calculation of AD margins,6 and
Petitioner timely filed a response to this
request on January 28, 2016.7 On
January 27, 2016, the Department
determined to toll all deadlines four
business days as a result of the Federal
Government closure during snowstorm
Jonas, which is applicable to this
initiation.
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the initiation of this
investigation is now February 8, 2016.8
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
‘‘Act’’), Petitioner alleges that imports of
geogrids from the PRC are being, or are
likely to be, sold in the United States at
less-than-fair value within the meaning
of section 731 of the Act, and that such
imports are materially injuring, or
threatening material injury to, an
industry in the United States. Also,
consistent with section 732(b)(1) of the
Act, the Petition is accompanied by
information reasonably available to
Petitioner supporting its allegations.
The Department finds that Petitioner
filed these Petitions on behalf of the
domestic industry because Petitioner is
an interested party as defined in section
771(9)(C) of the Act. The Department
also finds that Petitioner demonstrated
sufficient industry support with respect
to the initiation of the AD investigation
that Petitioner is requesting.9
Period of Investigation
Because the AD Petition was filed on
January 13, 2015, the period of
investigation (‘‘POI’’) is, pursuant to 19
CFR 351.204(b)(1), July 1, 2015, through
December 31, 2015.
Response to the General Issues Supplemental
Questionnaire, dated January 20, 2016 (‘‘General
Issues Supplement’’).
6 See Letter from the Department to Petitioner
entitled ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Certain Biaxial
Integral Geogrid Products from the People’s
Republic of China: Supplemental Questions,’’
January 26, 2016 (‘‘Second AD Supplemental
Questionnaire’’).
7 See Petitioner’s January 28, 2016 submission
(‘‘Second AD Petition Supplement’’).
8 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’’ dated January 27, 2016.
9 See the ‘‘Determination of Industry Support for
the Petition’’ section below.
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Scope of the Investigation
The products covered by this
investigation are geogrids from the PRC.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice.
Comments on Scope of the Investigation
During our review of the AD and CVD
Petitions, the Department issued
questions to, and received responses
from, Petitioner pertaining to the
proposed scope to ensure that the scope
language in the Petition would be an
accurate reflection of the products for
which the domestic industry is seeking
relief.10
As discussed in the preamble to the
Department’s regulations,11 we are
setting aside a period for interested
parties to raise issues regarding product
coverage (i.e., the scope). The
Department will consider all comments
received from parties and, if necessary,
will consult with parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information (see 19 CFR
351.102(b)(21)), all such factual
information should be limited to public
information. In order to facilitate
preparation of its questionnaires, the
Department requests all interested
parties to submit such comments by
5:00 p.m. Eastern Time (‘‘ET’’) on
February 29, 2016, which is 20 calendar
days from the signature date of this
notice. Any rebuttal comments, which
may include factual information, must
be filed by 5:00 p.m. ET on March 10,
2016, which is 10 calendar days after
the initial comments deadline.
The Department requests that any
factual information the parties consider
relevant to the scope of the
investigations be submitted during this
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party may contact the
Department and request permission to
submit the additional information. All
such comments must be filed on the
records of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
10 See General Issues Supplemental
Questionnaire and General Issues Supplement.
11 See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997).
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(‘‘ACCESS’’).12 An electronically filed
document must be received successfully
in its entirety by the time and date when
it is due. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, and
stamped with the date and time of
receipt by the applicable deadlines.
Comments on Product Characteristics
for AD Questionnaires
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The Department requests comments
from interested parties regarding the
appropriate physical characteristics of
geogrids to be reported in response to
the Department’s AD questionnaires.
This information will be used to
identify the key physical characteristics
of the subject merchandise in order to
report the relevant factors and costs of
production as accurately as well as to
develop appropriate productcomparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics and (2) productcomparison criteria. We note that it is
not always appropriate to use all
product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
geogrids, it may be that only a select few
product characteristics take into account
commercially meaningful physical
characteristics. In addition, interested
parties may comment on the order in
which the physical characteristics
should be used in matching products.
Generally, the Department attempts to
list the most important physical
characteristics first and the least
important characteristics last.
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of the Department’s electronic filing requirements,
which went into effect on August 5, 2011.
Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20
Filling%20Procedures.pdf.
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In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
comments must be filed by 5:00 p.m. ET
on February 29, 2016, which is twenty
calendar days from the signature date of
this notice. Any rebuttal comments
must be filed by 5:00 p.m. ET on March
4, 2016. All comments and submissions
to the Department must be filed
electronically using ACCESS.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (‘‘ITC’’), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,13 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
13 See
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render the decision of either agency
contrary to law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the Petition).
With regard to the domestic like
product, Petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that
geogrids, as defined in the scope,
constitute a single domestic like product
and we have analyzed industry support
in terms of that domestic like product.15
In determining whether Petitioner has
standing under section 732(c)(4)(A) of
the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice. To establish industry support,
Petitioner provided its own production
of the domestic like product in 2015.16
On February 1, 2016, we received a
letter from the only other known U.S.
producer of geogrids, Tenax Corporation
(‘‘Tenax’’), stating that the company
supports the Petition.17 Tenax also
provided its own production of the
domestic like product in 2015.18
Petitioner states that, based on
reasonably available information
regarding the U.S. geogrids industry,
there are no other known producers of
14 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
15 For a discussion of the domestic like product
analysis in this case, see Antidumping Duty
Investigation Initiation Checklist: Certain Biaxial
Integral Geogrid Products from the People’s
Republic of China (‘‘PRC AD Initiation Checklist’’),
at Attachment II, Analysis of Industry Support for
the Antidumping and Countervailing Duty Petitions
Covering Certain Biaxial Integral Geogrid Products
from the People’s Republic of China (‘‘Attachment
II’’). This checklist is dated concurrently with this
notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also
available in the Central Records Unit, Room B8024
of the main Department of Commerce building.
16 See General Issues Supplement, at 13.
17 See Letter from Tenax Corporation, dated
January 28, 2016. We note that, although this letter
is dated January 28, 2016, it was filed after 5:00
p.m. on January 29, 2016 (via ACCESS); therefore,
we consider it received on the next business day
(February 1, 2016).
18 See Letter from Tenax Corporation, dated
February 1, 2016.
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geogrids in the United States; therefore,
the Petition is supported by 100 percent
of the U.S. industry.19
Our review of the data provided in the
Petition, General Issues Supplement,
letters from Tenax, and other
information readily available to the
Department indicates that Petitioner has
established industry support.20 First,
the Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, the Department is
not required to take further action in
order to evaluate industry support (e.g.,
polling).21 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.22 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.23 Accordingly, the
Department determines that the Petition
was filed on behalf of the domestic
industry within the meaning of section
732(b)(1) of the Act.
The Department finds that Petitioner
filed the Petition on behalf of the
domestic industry because it is an
interested party as defined in section
771(9)(C) of the Act and it has
demonstrated sufficient industry
support with respect to the AD
investigation that it is requesting the
Department initiate.24
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Allegations and Evidence of Material
Injury and Causation
Petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (‘‘NV’’). In addition, Petitioner
19 See Volume I of the Petition, at 2–15 and
Exhibits I–1 through I–4, I–6 through I–34, I–44,
and I–52 through I–58; see also Letter from Tenax
Corporation, dated February 1, 2016, at 1.
20 See PRC AD Initiation Checklist, at Attachment
II.
21 See section 732(c)(4)(D) of the Act; see also
PRC AD Initiation Checklist, at Attachment II.
22 See PRC AD Initiation Checklist, at Attachment
II.
23 Id.
24 Id.
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alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.25
Petitioner contends that the industry’s
injured condition is illustrated by
reduced market share; underselling and
price suppression or depression;
negative impact on the domestic
industry’s performance, including
capacity utilization, shipments, and
operating income; and lost sales and
revenues.26 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, and causation, and we
have determined that these allegations
are properly supported by adequate
evidence and meet the statutory
requirements for initiation.27
Allegation of Sales at Less-Than-Fair
Value
The following is a description of the
allegation of sales at less-than-fair value
upon which the Department based its
decision to initiate the investigation of
geogrids from the PRC. The sources of
data for the deductions and adjustments
relating to U.S. price and NV are
discussed in greater detail in the
initiation checklist.
Export Price
Petitioner based U.S. prices on
geogrids produced in and exported from
the PRC by one producer, Feicheng
Lianyi Engineering Plastics Co., Ltd.
(‘‘Feicheng’’), and offered for sale to
customers in the United States.28
Petitioner made deductions from U.S.
price for movement expenses consistent
with the delivery terms.
Normal Value
Petitioner stated that the Department
has found the PRC to be a non-market
economy (‘‘NME’’) country in every
administrative proceeding in which the
PRC has been involved.29 In accordance
with section 771(18)(C)(i) of the Act, the
presumption of NME status remains in
effect until revoked by the Department.
The presumption of NME status for the
PRC has not been revoked by the
Department and, therefore, remains in
25 See Volume I of the Petition, at 34 and Exhibit
I–4; see also General Issues Supplement, at 19.
26 See Volume I of the Petition, at 24–28, 32–45
and Exhibits I–4, I–35, I–39 through I–43, I–47, I–
50, and I–51; see also General Issues Supplement,
at 13–24 and Exhibits Supp. I–1 through I–5, I–10
through I–12, and I–43.
27 See PRC AD Initiation Checklist, at Attachment
III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Certain
Biaxial Integral Geogrid Products from the People’s
Republic of China.
28 See Volume II of the Petition at 7.
29 Id. at 2.
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effect for purposes of the initiation of
this investigation. Accordingly, the NV
of the product is appropriately based on
factors of production (‘‘FOP’’) valued in
a surrogate market economy country, in
accordance with section 773(c) of the
Act. In the course of this investigation,
all parties, and the public, will have the
opportunity to provide relevant
information related to the issues of the
PRC’s NME status and the granting of
separate rates to individual exporters.
Petitioner claims that South Africa is
an appropriate surrogate country
because it is a market economy that is
at a level of economic development
comparable to that of the PRC and it is
a significant producer of the
merchandise under consideration.30
Based on the information provided by
Petitioner, we believe it is appropriate
to use South Africa as a surrogate
country for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Petitioner based the FOPs for
materials, labor, and energy on its own
consumption rates for producing
geogrids.31 Petitioner notes that Tensar,
like Feicheng, is a large producer of
geogrids using the same production
process as Tensar.32 Petitioner valued
the estimated factors of production
using surrogate values from South
Africa.33
Valuation of Raw Materials
Petitioner valued the FOPs for raw
materials (e.g., polypropylene, black
masterbatch) using public import data
for South Africa from the Global Trade
Atlas (‘‘GTA’’) from June 2015 through
November 2015, the most recent POIcontemporaneous data available at the
time the Petition was filed.34 Petitioner
excluded all import values from
countries previously determined by the
Department to maintain broadly
available, non-industry-specific export
subsidies and from countries previously
determined by the Department to be
NME countries. In addition, in
30 Id.
at 4.
Volume II of the Petition at Exhibit II–18;
see also AD Petition Supplement, at 4–5 and
Exhibit Supp. II–18.
32 See Volume II of the Petition at Exhibit II–18.
33 Id.
34 See AD Petition Supplement at Exhibits Supp
II–18 Attachments E–G.
31 See
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accordance with the Department’s
practice, the average import value
excludes imports that were labeled as
originating from an unidentified
country. The Department determines
that the surrogate values used by
Petitioner are reasonably available, and
thus, are acceptable for purposes of
initiation.
Valuation of Labor
Petitioner valued labor using 2012
data for South Africa from the
International Labor Organization for
‘‘Manufacturing.’’ 35 Specifically,
Petitioner relied on data pertaining to
wages earned by South African workers
engaged in the manufacturing sector of
the economy.36 Petitioner inflated the
wage rate using data for the South
African Consumer Price Index (‘‘CPI’’)
published for the POI.37 Next, Petitioner
converted the wage rates to hourly and
converted South African Rands (‘‘ZAR’’)
to U.S. Dollars (‘‘USD’’) using the
average exchange rate for the POI.38
Valuation of Packing Materials
Petitioner valued the packing
materials used by PRC producers based
on South African import data obtained
from GTA.39
Valuation of Energy
Petitioner valued electricity using
data published by the South African
electricity producer Eksom.40 The
Eksom price information was reported
in South African ZAR/kilowatt hour.
Petitioner converted the price to USD
using the average exchange rate during
the POI.41 Petitioner valued natural gas
using data from the National Energy
Regulator of South Africa for natural gas
provider ROMPCO.42 Petitioner
converted ZAR/Gigajoule (‘‘GJ’’) to
USD/therm.43
Valuation of Factory Overhead, Selling,
General and Administrative (SG&A)
Expenses, and Profit
Petitioner relied on surrogate
financial ratios (i.e., factory overhead,
SG&A expenses, and profit) it calculated
using the 2015 audited financial
statement of Bowler Metcalf, a South
African producer of comparable
35 See
Volume II of the Petition at Exhibit II–18.
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36 Id.
37 Id.
38 Id.; see also AD Petition Supplement at 5 and
Exhibit Supp. II–18 Attachment H(1).
39 See AD Petition Supplement at Exhibits Supp.
II–18 Attachments M and N.
40 See Volume II of the Petition at Exhibit II–18.
41 Id.
42 Id.
43 Id.
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merchandise (i.e., rigid plastic
packaging for consumer products).44
Fair Value Comparisons
Based on the data provided by
Petitioner, there is reason to believe that
imports of geogrids from the PRC are
being, or are likely to be, sold in the
United States at less-than-fair value.
Based on comparisons of EP to NV, in
accordance with section 773(c) of the
Act, the estimated dumping margin for
geogrids from the PRC range from
289.23 to 372.81 percent.45
Initiation of Less-Than-Fair-Value
Investigation
Based upon the examination of the
AD Petition on geogrids from the PRC,
we find that the Petition meets the
requirements of section 732 of the Act.
Therefore, we are initiating an AD
investigation to determine whether
imports of geogrids from the PRC are
being, or are likely to be, sold in the
United States at less-than-fair value. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
140 days after the date of this initiation.
On June 29, 2015, the President of the
United States signed into law the Trade
Preferences Extension Act of 2015,
which made numerous amendments to
the AD and CVD law.46 The 2015 law
does not specify dates of application for
those amendments. On August 6, 2015,
the Department published an
interpretative rule, in which it
announced the applicability dates for
each amendment to the Act, except for
amendments contained in section 771(7)
of the Act, which relate to
determinations of material injury by the
ITC.47 The amendments to sections
771(15), 773, 776, and 782 of the Act are
applicable to all determinations made
on or after August 6, 2015, and,
therefore, apply to this AD
investigation.48
Respondent Selection
Petitioner named 78 companies from
the PRC as producers/exporters of
44 See AD Petition Supplement at Exhibit II–18
Attachment K(3) and K(5); see also Second AD
Supplemental Questionnaire; Second AD Petition
Supplement at 1 and Exhibit Second Supp. II–18;
and PRC AD Initiation Checklist.
45 See PRC AD Initiation Checklist.
46 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
47 See Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015) (‘‘Applicability Notice’’).
48 Id. at 46794–95. The 2015 amendments may be
found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl.
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geogrids.49 Following standard practice
for respondent selection in cases
involving NME countries, we intend to
issue quantity and value (‘‘Q&V’’)
questionnaires to each potential
respondent, for which the Petitioner has
provided a complete address, and base
respondent selection on the responses
received. In addition, the Department
will post the Q&V questionnaire along
with filing instructions on the
Enforcement and Compliance Web site
at https://www.trade.gov/enforcement/
news.asp.
Exporters/producers of geogrids from
the PRC that do not receive Q&V
questionnaires by mail may still submit
a response to the Q&V questionnaire
and can obtain a copy from the
Enforcement and Compliance Web site.
The Q&V response must be submitted
by all PRC exporters/producers no later
than February 22, 2016, which is two
weeks from the signature date of this
notice. All Q&V responses must be filed
electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.50 The specific requirements
for submitting a separate-rate
application are outlined in detail in the
application itself, which is available on
the Department’s Web site at https://
enforcement.trade.gov/nme/nme-seprate.html. The separate-rate application
will be due 30 days after publication of
this initiation notice.51 Exporters and
producers who submit a separate-rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate-rate status
only if they respond to all parts of the
Department’s AD questionnaire as
mandatory respondents. The
Department requires that respondents
submit a response to both the Q&V
questionnaire and the separate-rate
application by their respective
deadlines in order to receive
consideration for separate-rate status.
49 See Volume I of Petition at Exhibit I–37; see
also AD Petition Supplement at 1 and Exhibit Supp.
I–37.
50 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation Involving Non-Market
Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf
(Policy Bulletin 05.1).
51 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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Use of Combination Rates
The Department will calculate
combination rates for certain
respondents that are eligible for a
separate rate in an NME investigation.
The Separate Rates and Combination
Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.52
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
government of the PRC via ACCESS. To
the extent practicable, we will attempt
to provide a copy of the public version
of the Petition to each exporter named
in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
geogrids from the PRC are materially
injuring or threatening material injury to
a U.S. industry.53 A negative ITC
determination will result in the
investigation being terminated; 54
otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
52 See
53 See
Policy Bulletin 05.1 at 6 (emphasis added).
section 733(a) of the Act.
54 Id.
VerDate Sep<11>2014
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). Any party, when
submitting factual information, must
specify under which subsection of 19
CFR 351.102(b)(21) the information is
being submitted 55 and, if the
information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.56 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Please review the regulations
prior to submitting factual information
in this investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351
expires. For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Please review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.html, prior to
submitting factual information in this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
55 See
56 See
22:15 Feb 12, 2016
Jkt 238001
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00018
Fmt 4703
Sfmt 4703
7759
proceeding must certify to the accuracy
and completeness of that information.57
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.58 The
Department intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order (‘‘APO’’)
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR
351.103(d)).
This notice is issued and published
pursuant to section 777(i) of the Act.
Dated: February 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by the
investigation is certain biaxial integral
geogrid products. Biaxial integral geogrid
products are a polymer grid or mesh material
(whether or not finished, slit, cut-to-length,
attached to woven or non-woven fabric or
sheet material, or packaged) in which foursided openings in the form of squares,
rectangles, rhomboids, diamonds, or other
four-sided figures predominate. The products
covered have integral strands that have been
stretched to induce molecular orientation
into the material (as evidenced by the strands
being thinner toward the middle between the
junctions than at the junctions themselves)
constituting the sides of the openings and
integral junctions where the strands intersect.
The scope includes products in which foursided figures predominate whether or not
they also contain additional strands
intersecting the four-sided figures and
57 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration during Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
58 See
E:\FR\FM\16FEN1.SGM
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Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices
whether or not the inside corners of the foursided figures are rounded off or not sharp
angles. As used herein, the term ‘‘integral’’
refers to strands and junctions that are
homogenous with each other. The products
covered have a tensile strength of greater
than 5 kilonewtons per meter (‘‘kN/m’’)
according to American Society for Testing
and Materials (‘‘ASTM’’) Standard Test
Method D6637/D6637M in any direction and
average overall flexural stiffness of more than
100,000 milligram-centimeter according to
the ASTM D7748/D7748M Standard Test
Method for Flexural Rigidity of Geogrids,
Geotextiles and Related Products, or other
equivalent test method standards.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise further
processed in a third country, including by
trimming, slitting, coating, cutting, punching
holes, stretching, attaching to woven or nonwoven fabric or sheet material, or any other
finishing, packaging, or other further
processing that would not otherwise remove
the merchandise from the scope of the
investigations if performed in the country of
manufacture of the biaxial integral geogrid.
The products subject to the scope are
currently classified in the Harmonized Tariff
Schedule of the United States (‘‘HTSUS’’)
under the following subheading:
3926.90.9995. Subject merchandise may also
enter under subheadings 3920.20.0050 and
3925.90.0000. The HTSUS subheadings set
forth above are provided for convenience and
U.S. Customs purposes only. The written
description of the scope is dispositive.
[FR Doc. 2016–03086 Filed 2–12–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD608
Endangered Species; File No. 19255
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of a permit,
and termination of a permit.
AGENCY:
Notice is hereby given that
the Delaware Department of Natural
Resources and Environmental Control
(DNREC) [Responsible Party: Michael
Stangl], 3002 Bayside Dr., Dover,
Delaware 19977, has been issued a
permit to take shortnose (Acipenser
brevirostrum) and Atlantic (Acipenser
oxyrinchus oxyrinchus) sturgeon in the
Delaware River for purposes of scientific
research. Additionally, Permit No.
16431, issued to the same Permit Holder
for study of Atlantic sturgeon, is hereby
terminated.
ADDRESSES: The permit and related
documents are available for review
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
22:15 Feb 12, 2016
Jkt 238001
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
Dated: February 9, 2016.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2016–03026 Filed 2–12–16; 8:45 am]
BILLING CODE 3510–22–P
FOR FURTHER INFORMATION CONTACT:
´
Malcolm Mohead or Rosa L. Gonzalez,
(301) 427–8401.
On
November 17, 2014, notice was
published in the Federal Register (79
FR 68413) of a request for a permit to
conduct research on shortnose sturgeon
had been submitted by the above-named
applicant. On June 26, 2015, notice was
published in the Federal Register (80
FR 36770) that the application was
amended to include a request to
conduct research on Atlantic sturgeon.
The requested permit has been issued
under the authority of the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.) and the
regulations governing the taking,
importing, and exporting of endangered
and threatened species (50 CFR parts
222–226).
Permit No. 19255 authorizes annual
takes of endangered shortnose and
Atlantic sturgeon to document nursery
areas, individual movement patterns,
seasonal movements, home ranges, and
habitat usage(s) in the Delaware River.
The authorized activities include
capture of shortnose and Atlantic
shortnose with gillnets. It also
authorizes individuals to be weighed,
measured, marked with Passive
Integrated Transponder (PIT), T-bar
tagged, anesthetized, acoustic tagged,
genetic tissue sampled, gastric lavaged,
and photographed. It also authorized
one unintentional mortality per species
during the life of the permit. Specific
activities and number of animals
authorized per species are found on the
permit. The shortnose sturgeon research
activities are a continuation of the ones
authorized under the DNREC expired
Permit No. 14396 (75 FR 4043). The
Atlantic sturgeon research activities
were incorporated from the ones
authorized under the DNREC Permit No.
16431 (76 FR 58469), which was set to
expire April 5, 2017. Permit No. 16431
was terminated with issuance of Permit
No. 19225, valid until February 5, 2021.
Issuance of this permit, as required by
the ESA, was based on a finding that
such permit (1) was applied for in good
faith, (2) will not operate to the
disadvantage of such endangered or
threatened species, and (3) is consistent
with the purposes and policies set forth
in section 2 of the ESA.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE437
Fisheries of the South Atlantic;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 41 Review
Workshop for South Atlantic red
snapper and gray triggerfish.
AGENCY:
The SEDAR 41 assessments of
the South Atlantic stocks of red snapper
(Lutjanus campechanus) and gray
triggerfish (Balistes capriscus) will
consist of a series of workshops and
webinars: Data Workshops; an
Assessment Workshop and webinars;
and a Review Workshop. See
SUPPLEMENTARY INFORMATION.
DATES: The SEDAR 41 Review
Workshop will be held on March 15–17,
2016, from 8:30 a.m. until 6 p.m. and
March 18, 2016, from 8 a.m. until 1 p.m.
The established times may be adjusted
as necessary to accommodate the timely
completion of discussion relevant to the
assessment process. Such adjustments
may result in the meeting being
extended from, or completed prior to
the time established by this notice.
ADDRESSES:
Meeting address: The SEDAR 41
Assessment Workshop will be held at
the Crowne Plaza Hotel, 4831 Tanger
Outlet Boulevard, North Charleston, SC
29418; phone: (843) 744–4422.
SEDAR address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N.
Charleston, SC 29405;
www.sedarweb.org.
SUMMARY:
Julia
Byrd, SEDAR Coordinator, 4055 Faber
Place Drive, Suite 201, North
Charleston, SC 29405; phone: (843) 571–
4366; email: julia.byrd@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions,
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\16FEN1.SGM
16FEN1
]]>Agencies
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7755-7760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03086]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-036]
Certain Biaxial Integral Geogrid Products From the People's
Republic of China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective date: February 16, 2016.
FOR FURTHER INFORMATION CONTACT: Julia Hancock at (202) 482-1394 and
Susan Pulongbarit (202) 482-4031, AD/CVD Operations, Enforcement and
Compliance, U.S. Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On January 13, 2016, the Department of Commerce (``the
Department'') received an antidumping duty (``AD'') petition concerning
imports of certain biaxial integral geogrid products (``geogrids'')
from the People's Republic of China (``PRC''), filed in proper form on
behalf of Tensar Corporation (``Petitioner'').\1\ The AD petition was
accompanied by a countervailing duty (``CVD'') petition for the PRC.\2\
Petitioner is a domestic producer of geogrids.\3\
---------------------------------------------------------------------------
\1\ See the Petitions for the Imposition of Antidumping Duties
and Countervailing Duties: Certain Biaxial Integral Geogrid Products
from the People's Republic of China, dated January 13, 2016 (``the
Petition'').
\2\ Id.
\3\ See Volume I of the Petition at 2.
---------------------------------------------------------------------------
On January 15, 2016, the Department requested additional
information and clarification of certain areas of the Petition,\4\ and
Petitioner timely filed responses to these requests on January 20,
2016.\5\ On January 26, 2016, the Department requested additional
information and clarification on the calculation of AD margins,\6\ and
Petitioner timely filed a response to this request on January 28,
2016.\7\ On January 27, 2016, the Department determined to toll all
deadlines four business days as a result of the Federal Government
closure during snowstorm Jonas, which is applicable to this initiation.
---------------------------------------------------------------------------
\4\ See Letters from the Department to Petitioner entitled
``Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Certain Biaxial Integral Geogrid Products from
the People's Republic of China: Supplemental Questions,'' January
15, 2016 (``General Issues Supplemental Questionnaire''); and
``Petition for the Imposition of Antidumping Duties on Certain
Biaxial Integral Geogrid Products from the People's Republic of
China,'' dated January 15, 2016 (``AD Supplemental Questionnaire'').
\5\ See Petitioner's Response to the AD Supplemental
Questionnaire, dated January 20, 2016 (``AD Petition Supplement'')
and Petitioner's Response to the General Issues Supplemental
Questionnaire, dated January 20, 2016 (``General Issues
Supplement'').
\6\ See Letter from the Department to Petitioner entitled
``Petition for the Imposition of Antidumping Duties on Imports of
Certain Biaxial Integral Geogrid Products from the People's Republic
of China: Supplemental Questions,'' January 26, 2016 (``Second AD
Supplemental Questionnaire'').
\7\ See Petitioner's January 28, 2016 submission (``Second AD
Petition Supplement'').
---------------------------------------------------------------------------
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of the
proceeding have been extended by four business days. The revised
deadline for the initiation of this investigation is now February 8,
2016.\8\
---------------------------------------------------------------------------
\8\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,''' dated January 27, 2016.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the ``Act''), Petitioner alleges that imports of geogrids from
the PRC are being, or are likely to be, sold in the United States at
less-than-fair value within the meaning of section 731 of the Act, and
that such imports are materially injuring, or threatening material
injury to, an industry in the United States. Also, consistent with
section 732(b)(1) of the Act, the Petition is accompanied by
information reasonably available to Petitioner supporting its
allegations.
The Department finds that Petitioner filed these Petitions on
behalf of the domestic industry because Petitioner is an interested
party as defined in section 771(9)(C) of the Act. The Department also
finds that Petitioner demonstrated sufficient industry support with
respect to the initiation of the AD investigation that Petitioner is
requesting.\9\
---------------------------------------------------------------------------
\9\ See the ``Determination of Industry Support for the
Petition'' section below.
---------------------------------------------------------------------------
Period of Investigation
Because the AD Petition was filed on January 13, 2015, the period
of investigation (``POI'') is, pursuant to 19 CFR 351.204(b)(1), July
1, 2015, through December 31, 2015.
Scope of the Investigation
The products covered by this investigation are geogrids from the
PRC. For a full description of the scope of this investigation, see the
``Scope of the Investigation,'' in Appendix I of this notice.
Comments on Scope of the Investigation
During our review of the AD and CVD Petitions, the Department
issued questions to, and received responses from, Petitioner pertaining
to the proposed scope to ensure that the scope language in the Petition
would be an accurate reflection of the products for which the domestic
industry is seeking relief.\10\
---------------------------------------------------------------------------
\10\ See General Issues Supplemental Questionnaire and General
Issues Supplement.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations,\11\
we are setting aside a period for interested parties to raise issues
regarding product coverage (i.e., the scope). The Department will
consider all comments received from parties and, if necessary, will
consult with parties prior to the issuance of the preliminary
determination. If scope comments include factual information (see 19
CFR 351.102(b)(21)), all such factual information should be limited to
public information. In order to facilitate preparation of its
questionnaires, the Department requests all interested parties to
submit such comments by 5:00 p.m. Eastern Time (``ET'') on February 29,
2016, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments, which may include factual information, must be
filed by 5:00 p.m. ET on March 10, 2016, which is 10 calendar days
after the initial comments deadline.
---------------------------------------------------------------------------
\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
---------------------------------------------------------------------------
The Department requests that any factual information the parties
consider relevant to the scope of the investigations be submitted
during this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact the Department
and request permission to submit the additional information. All such
comments must be filed on the records of each of the concurrent AD and
CVD investigations.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System
[[Page 7756]]
(``ACCESS'').\12\ An electronically filed document must be received
successfully in its entirety by the time and date when it is due.
Documents excepted from the electronic submission requirements must be
filed manually (i.e., in paper form) with Enforcement and Compliance's
APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street
and Constitution Avenue NW., Washington, DC 20230, and stamped with the
date and time of receipt by the applicable deadlines.
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of the Department's electronic
filing requirements, which went into effect on August 5, 2011.
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics for AD Questionnaires
The Department requests comments from interested parties regarding
the appropriate physical characteristics of geogrids to be reported in
response to the Department's AD questionnaires. This information will
be used to identify the key physical characteristics of the subject
merchandise in order to report the relevant factors and costs of
production as accurately as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics and (2) product-comparison criteria. We note that it is
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe geogrids, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, the Department attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all comments must be
filed by 5:00 p.m. ET on February 29, 2016, which is twenty calendar
days from the signature date of this notice. Any rebuttal comments must
be filed by 5:00 p.m. ET on March 4, 2016. All comments and submissions
to the Department must be filed electronically using ACCESS.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (``ITC''),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, Petitioner does not offer
a definition of the domestic like product distinct from the scope of
the investigation. Based on our analysis of the information submitted
on the record, we have determined that geogrids, as defined in the
scope, constitute a single domestic like product and we have analyzed
industry support in terms of that domestic like product.\15\
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\15\ For a discussion of the domestic like product analysis in
this case, see Antidumping Duty Investigation Initiation Checklist:
Certain Biaxial Integral Geogrid Products from the People's Republic
of China (``PRC AD Initiation Checklist''), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Biaxial Integral Geogrid Products
from the People's Republic of China (``Attachment II''). This
checklist is dated concurrently with this notice and on file
electronically via ACCESS. Access to documents filed via ACCESS is
also available in the Central Records Unit, Room B8024 of the main
Department of Commerce building.
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In determining whether Petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in Appendix I of this
notice. To establish industry support, Petitioner provided its own
production of the domestic like product in 2015.\16\ On February 1,
2016, we received a letter from the only other known U.S. producer of
geogrids, Tenax Corporation (``Tenax''), stating that the company
supports the Petition.\17\ Tenax also provided its own production of
the domestic like product in 2015.\18\ Petitioner states that, based on
reasonably available information regarding the U.S. geogrids industry,
there are no other known producers of
[[Page 7757]]
geogrids in the United States; therefore, the Petition is supported by
100 percent of the U.S. industry.\19\
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\16\ See General Issues Supplement, at 13.
\17\ See Letter from Tenax Corporation, dated January 28, 2016.
We note that, although this letter is dated January 28, 2016, it was
filed after 5:00 p.m. on January 29, 2016 (via ACCESS); therefore,
we consider it received on the next business day (February 1, 2016).
\18\ See Letter from Tenax Corporation, dated February 1, 2016.
\19\ See Volume I of the Petition, at 2-15 and Exhibits I-1
through I-4, I-6 through I-34, I-44, and I-52 through I-58; see also
Letter from Tenax Corporation, dated February 1, 2016, at 1.
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Our review of the data provided in the Petition, General Issues
Supplement, letters from Tenax, and other information readily available
to the Department indicates that Petitioner has established industry
support.\20\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, the Department is
not required to take further action in order to evaluate industry
support (e.g., polling).\21\ Second, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petition account for at least 25 percent of
the total production of the domestic like product.\22\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petition.\23\ Accordingly, the Department determines
that the Petition was filed on behalf of the domestic industry within
the meaning of section 732(b)(1) of the Act.
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\20\ See PRC AD Initiation Checklist, at Attachment II.
\21\ See section 732(c)(4)(D) of the Act; see also PRC AD
Initiation Checklist, at Attachment II.
\22\ See PRC AD Initiation Checklist, at Attachment II.
\23\ Id.
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The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C) of the Act and it has demonstrated sufficient
industry support with respect to the AD investigation that it is
requesting the Department initiate.\24\
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\24\ Id.
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Allegations and Evidence of Material Injury and Causation
Petitioner alleges that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the imports of the subject merchandise
sold at less than normal value (``NV''). In addition, Petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\25\
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\25\ See Volume I of the Petition, at 34 and Exhibit I-4; see
also General Issues Supplement, at 19.
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Petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price suppression
or depression; negative impact on the domestic industry's performance,
including capacity utilization, shipments, and operating income; and
lost sales and revenues.\26\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence and meet the statutory
requirements for initiation.\27\
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\26\ See Volume I of the Petition, at 24-28, 32-45 and Exhibits
I-4, I-35, I-39 through I-43, I-47, I-50, and I-51; see also General
Issues Supplement, at 13-24 and Exhibits Supp. I-1 through I-5, I-10
through I-12, and I-43.
\27\ See PRC AD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Biaxial Integral Geogrid Products from the People's
Republic of China.
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Allegation of Sales at Less-Than-Fair Value
The following is a description of the allegation of sales at less-
than-fair value upon which the Department based its decision to
initiate the investigation of geogrids from the PRC. The sources of
data for the deductions and adjustments relating to U.S. price and NV
are discussed in greater detail in the initiation checklist.
Export Price
Petitioner based U.S. prices on geogrids produced in and exported
from the PRC by one producer, Feicheng Lianyi Engineering Plastics Co.,
Ltd. (``Feicheng''), and offered for sale to customers in the United
States.\28\ Petitioner made deductions from U.S. price for movement
expenses consistent with the delivery terms.
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\28\ See Volume II of the Petition at 7.
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Normal Value
Petitioner stated that the Department has found the PRC to be a
non-market economy (``NME'') country in every administrative proceeding
in which the PRC has been involved.\29\ In accordance with section
771(18)(C)(i) of the Act, the presumption of NME status remains in
effect until revoked by the Department. The presumption of NME status
for the PRC has not been revoked by the Department and, therefore,
remains in effect for purposes of the initiation of this investigation.
Accordingly, the NV of the product is appropriately based on factors of
production (``FOP'') valued in a surrogate market economy country, in
accordance with section 773(c) of the Act. In the course of this
investigation, all parties, and the public, will have the opportunity
to provide relevant information related to the issues of the PRC's NME
status and the granting of separate rates to individual exporters.
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\29\ Id. at 2.
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Petitioner claims that South Africa is an appropriate surrogate
country because it is a market economy that is at a level of economic
development comparable to that of the PRC and it is a significant
producer of the merchandise under consideration.\30\
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\30\ Id. at 4.
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Based on the information provided by Petitioner, we believe it is
appropriate to use South Africa as a surrogate country for initiation
purposes. Interested parties will have the opportunity to submit
comments regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Petitioner based the FOPs for materials, labor, and energy on its
own consumption rates for producing geogrids.\31\ Petitioner notes that
Tensar, like Feicheng, is a large producer of geogrids using the same
production process as Tensar.\32\ Petitioner valued the estimated
factors of production using surrogate values from South Africa.\33\
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\31\ See Volume II of the Petition at Exhibit II-18; see also AD
Petition Supplement, at 4-5 and Exhibit Supp. II-18.
\32\ See Volume II of the Petition at Exhibit II-18.
\33\ Id.
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Valuation of Raw Materials
Petitioner valued the FOPs for raw materials (e.g., polypropylene,
black masterbatch) using public import data for South Africa from the
Global Trade Atlas (``GTA'') from June 2015 through November 2015, the
most recent POI-contemporaneous data available at the time the Petition
was filed.\34\ Petitioner excluded all import values from countries
previously determined by the Department to maintain broadly available,
non-industry-specific export subsidies and from countries previously
determined by the Department to be NME countries. In addition, in
[[Page 7758]]
accordance with the Department's practice, the average import value
excludes imports that were labeled as originating from an unidentified
country. The Department determines that the surrogate values used by
Petitioner are reasonably available, and thus, are acceptable for
purposes of initiation.
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\34\ See AD Petition Supplement at Exhibits Supp II-18
Attachments E-G.
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Valuation of Labor
Petitioner valued labor using 2012 data for South Africa from the
International Labor Organization for ``Manufacturing.'' \35\
Specifically, Petitioner relied on data pertaining to wages earned by
South African workers engaged in the manufacturing sector of the
economy.\36\ Petitioner inflated the wage rate using data for the South
African Consumer Price Index (``CPI'') published for the POI.\37\ Next,
Petitioner converted the wage rates to hourly and converted South
African Rands (``ZAR'') to U.S. Dollars (``USD'') using the average
exchange rate for the POI.\38\
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\35\ See Volume II of the Petition at Exhibit II-18.
\36\ Id.
\37\ Id.
\38\ Id.; see also AD Petition Supplement at 5 and Exhibit Supp.
II-18 Attachment H(1).
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Valuation of Packing Materials
Petitioner valued the packing materials used by PRC producers based
on South African import data obtained from GTA.\39\
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\39\ See AD Petition Supplement at Exhibits Supp. II-18
Attachments M and N.
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Valuation of Energy
Petitioner valued electricity using data published by the South
African electricity producer Eksom.\40\ The Eksom price information was
reported in South African ZAR/kilowatt hour. Petitioner converted the
price to USD using the average exchange rate during the POI.\41\
Petitioner valued natural gas using data from the National Energy
Regulator of South Africa for natural gas provider ROMPCO.\42\
Petitioner converted ZAR/Gigajoule (``GJ'') to USD/therm.\43\
---------------------------------------------------------------------------
\40\ See Volume II of the Petition at Exhibit II-18.
\41\ Id.
\42\ Id.
\43\ Id.
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Valuation of Factory Overhead, Selling, General and Administrative
(SG&A) Expenses, and Profit
Petitioner relied on surrogate financial ratios (i.e., factory
overhead, SG&A expenses, and profit) it calculated using the 2015
audited financial statement of Bowler Metcalf, a South African producer
of comparable merchandise (i.e., rigid plastic packaging for consumer
products).\44\
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\44\ See AD Petition Supplement at Exhibit II-18 Attachment K(3)
and K(5); see also Second AD Supplemental Questionnaire; Second AD
Petition Supplement at 1 and Exhibit Second Supp. II-18; and PRC AD
Initiation Checklist.
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Fair Value Comparisons
Based on the data provided by Petitioner, there is reason to
believe that imports of geogrids from the PRC are being, or are likely
to be, sold in the United States at less-than-fair value. Based on
comparisons of EP to NV, in accordance with section 773(c) of the Act,
the estimated dumping margin for geogrids from the PRC range from
289.23 to 372.81 percent.\45\
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\45\ See PRC AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigation
Based upon the examination of the AD Petition on geogrids from the
PRC, we find that the Petition meets the requirements of section 732 of
the Act. Therefore, we are initiating an AD investigation to determine
whether imports of geogrids from the PRC are being, or are likely to
be, sold in the United States at less-than-fair value. In accordance
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
On June 29, 2015, the President of the United States signed into
law the Trade Preferences Extension Act of 2015, which made numerous
amendments to the AD and CVD law.\46\ The 2015 law does not specify
dates of application for those amendments. On August 6, 2015, the
Department published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\47\ The amendments to
sections 771(15), 773, 776, and 782 of the Act are applicable to all
determinations made on or after August 6, 2015, and, therefore, apply
to this AD investigation.\48\
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\46\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\47\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (``Applicability
Notice'').
\48\ Id. at 46794-95. The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection
Petitioner named 78 companies from the PRC as producers/exporters
of geogrids.\49\ Following standard practice for respondent selection
in cases involving NME countries, we intend to issue quantity and value
(``Q&V'') questionnaires to each potential respondent, for which the
Petitioner has provided a complete address, and base respondent
selection on the responses received. In addition, the Department will
post the Q&V questionnaire along with filing instructions on the
Enforcement and Compliance Web site at https://www.trade.gov/enforcement/news.asp.
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\49\ See Volume I of Petition at Exhibit I-37; see also AD
Petition Supplement at 1 and Exhibit Supp. I-37.
---------------------------------------------------------------------------
Exporters/producers of geogrids from the PRC that do not receive
Q&V questionnaires by mail may still submit a response to the Q&V
questionnaire and can obtain a copy from the Enforcement and Compliance
Web site. The Q&V response must be submitted by all PRC exporters/
producers no later than February 22, 2016, which is two weeks from the
signature date of this notice. All Q&V responses must be filed
electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\50\
The specific requirements for submitting a separate-rate application
are outlined in detail in the application itself, which is available on
the Department's Web site at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after
publication of this initiation notice.\51\ Exporters and producers who
submit a separate-rate application and have been selected as mandatory
respondents will be eligible for consideration for separate-rate status
only if they respond to all parts of the Department's AD questionnaire
as mandatory respondents. The Department requires that respondents
submit a response to both the Q&V questionnaire and the separate-rate
application by their respective deadlines in order to receive
consideration for separate-rate status.
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\50\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
Involving Non-Market Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin
05.1).
\51\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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[[Page 7759]]
Use of Combination Rates
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in an NME
investigation. The Separate Rates and Combination Rates Bulletin
states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\52\
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\52\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the government of the PRC via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of geogrids from the PRC are materially
injuring or threatening material injury to a U.S. industry.\53\ A
negative ITC determination will result in the investigation being
terminated; \54\ otherwise, this investigation will proceed according
to statutory and regulatory time limits.
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\53\ See section 733(a) of the Act.
\54\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). Any party, when submitting
factual information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \55\ and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\56\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Please review the regulations prior to
submitting factual information in this investigation.
---------------------------------------------------------------------------
\55\ See 19 CFR 351.301(b).
\56\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351 expires. For submissions that
are due from multiple parties simultaneously, an extension request will
be considered untimely if it is filed after 10:00 a.m. ET on the due
date. Under certain circumstances, we may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Please review Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.html, prior to submitting factual
information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\57\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\58\ The Department intends to reject factual submissions if the
submitting party does not comply with applicable revised certification
requirements.
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\57\ See section 782(b) of the Act.
\58\ See Certification of Factual Information to Import
Administration during Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order (``APO'') in accordance with 19 CFR
351.305. On January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to
participate in this investigation should ensure that they meet the
requirements of these procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR 351.103(d)).
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: February 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by the investigation is certain biaxial
integral geogrid products. Biaxial integral geogrid products are a
polymer grid or mesh material (whether or not finished, slit, cut-
to-length, attached to woven or non-woven fabric or sheet material,
or packaged) in which four-sided openings in the form of squares,
rectangles, rhomboids, diamonds, or other four-sided figures
predominate. The products covered have integral strands that have
been stretched to induce molecular orientation into the material (as
evidenced by the strands being thinner toward the middle between the
junctions than at the junctions themselves) constituting the sides
of the openings and integral junctions where the strands intersect.
The scope includes products in which four-sided figures predominate
whether or not they also contain additional strands intersecting the
four-sided figures and
[[Page 7760]]
whether or not the inside corners of the four-sided figures are
rounded off or not sharp angles. As used herein, the term
``integral'' refers to strands and junctions that are homogenous
with each other. The products covered have a tensile strength of
greater than 5 kilonewtons per meter (``kN/m'') according to
American Society for Testing and Materials (``ASTM'') Standard Test
Method D6637/D6637M in any direction and average overall flexural
stiffness of more than 100,000 milligram-centimeter according to the
ASTM D7748/D7748M Standard Test Method for Flexural Rigidity of
Geogrids, Geotextiles and Related Products, or other equivalent test
method standards.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise further
processed in a third country, including by trimming, slitting,
coating, cutting, punching holes, stretching, attaching to woven or
non-woven fabric or sheet material, or any other finishing,
packaging, or other further processing that would not otherwise
remove the merchandise from the scope of the investigations if
performed in the country of manufacture of the biaxial integral
geogrid.
The products subject to the scope are currently classified in
the Harmonized Tariff Schedule of the United States (``HTSUS'')
under the following subheading: 3926.90.9995. Subject merchandise
may also enter under subheadings 3920.20.0050 and 3925.90.0000. The
HTSUS subheadings set forth above are provided for convenience and
U.S. Customs purposes only. The written description of the scope is
dispositive.
[FR Doc. 2016-03086 Filed 2-12-16; 8:45 am]
BILLING CODE 3510-DS-P
