Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 41292-41294 [2016-15007]
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41292
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
collection of information subject to the
requirements of the Paperwork
Reduction Act (PRA) unless that
collection of information displays a
currently valid Office of Management
and Budget (OMB) control number. In
accordance with the PRA, 44 U.S.C.,
Chapter 45, OMB approved the surveys
described in this notice under the
following OMB control numbers:
Annual Retail Trade Survey, 0607–0013;
Annual Wholesale Trade Survey, 0607–
0195; Service Annual Survey, 0607–
0422; Company Organization Survey,
0607–0444; Annual Survey of
Manufactures, 0607–0449;
Manufacturers’ Unfilled Orders Survey,
0607–0561; Annual Capital
Expenditures Survey, 0607–0782;
Business R&D and Innovation Survey,
0607–0912; Annual Survey of
Entrepreneurs, 0607–0986; Management
and Organizational Practices Survey,
0607–0963; and, Business &
Professional Classification Report,
0607–0189.
Based upon the foregoing, I have
directed that the current mandatory
business surveys be conducted for the
purpose of collecting these data.
Dated: June 17, 2016.
John H. Thompson,
Director, Bureau of the Census.
The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
biaxial integral geogrid products
(‘‘geogrids’’) from the People’s Republic
of China (the ‘‘PRC’’). The period of
investigation is January 1, 2015, through
December 31, 2015. We invite interested
parties to comment on this preliminary
determination.
DATES: Effective Date: June 24, 2016.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Ryan Mullen, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
202.482.9068 or 202.482.5260,
respectively.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this
investigation are geogrids from the PRC.
For a complete description of the scope
of this investigation, see Appendix II.
Methodology
[FR Doc. 2016–14970 Filed 6–23–16; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–037]
Countervailing Duty Investigation of
Certain Biaxial Integral Geogrid
Products From the People’s Republic
of China: Preliminary Determination
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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 a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision Memo.1
The Preliminary Decision Memo is a
public document and is on file
electronically via Enforcement &
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 Memo can be
accessed directly on the Internet at
https://trade.gov/enforcement/frn/
index.html. The signed Preliminary
Decision Memo and the electronic
versions of the Preliminary Decision
Memo are identical in content.
The Department notes that, in making
these findings, we relied, in part, on
facts available and, because one or more
respondents did not act to the best of
their ability to respond to the
Department’s requests for information,
we drew an adverse inference, where
appropriate, in selecting from among the
facts otherwise available.2 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memo.
Alignment
As noted in the Preliminary Decision
Memo, in accordance with section
705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination in this investigation
with the final determination in the
companion antidumping duty (‘‘AD’’)
investigation of geogrids from the PRC.3
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
October 31, 2016, unless postponed.
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
an estimated individual countervailable
subsidy rate for each producer/exporter
of the subject merchandise individually
investigated. We preliminarily
determine these rates to be:
sradovich on DSK3GDR082PROD with NOTICES
Company
Subsidy rate
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient Science & Technology Development Co., Ltd .......................................
Taian Modern Plastic Co., Ltd .........................................................................................................................................................
All Others .........................................................................................................................................................................................
Chengdu Tian Road Engineering Materials Co., Ltd * ....................................................................................................................
Chongqing Jiudi Reinforced Soil Engineering Co., Ltd * .................................................................................................................
CNBM International Corporation * ...................................................................................................................................................
Dezhou Yaohua Geosynthetics Ltd * ...............................................................................................................................................
Dezhou Zhengyu Geosynthetics Ltd * .............................................................................................................................................
1 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Countervailing Duty Investigation of
VerDate Sep<11>2014
17:43 Jun 23, 2016
Jkt 238001
Certain Biaxial Integral Geogrid Products from the
People’s Republic of China: Decision Memorandum
for the Preliminary Determination,’’ dated
concurrently with this notice (‘‘Preliminary
Decision Memo’’).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
2 See
16.60
30.65
23.63
128.27
128.27
128.27
128.27
128.27
sections 776(a) and (b) of the Act.
Certain Biaxial Integral Geogrid Products
from the People’s Republic of China: Initiation of
Less-Than-Fair-Value Investigation, 81 FR 7755
(February 16, 2016).
3 See
E:\FR\FM\24JNN1.SGM
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
Company
41293
Subsidy rate
Hongye Engineering Materials Co., Ltd * ........................................................................................................................................
Hubei Nete Geosynthetics Ltd * .......................................................................................................................................................
Jiangsu Dingtai Engineering Material Co., Ltd * ..............................................................................................................................
Jiangsu Jiuding New Material Ltd * .................................................................................................................................................
Lewu New Material Ltd * ..................................................................................................................................................................
Nanjing Jinlu Geosynthetics Ltd * ....................................................................................................................................................
Nanjing Kunchi Composite Material Ltd * ........................................................................................................................................
Nanyang Jieda Geosynthetics Co., Ltd * .........................................................................................................................................
Qingdao Hongda Plastics Corp * .....................................................................................................................................................
Shandong Dexuda Geosynthetics Ltd * ...........................................................................................................................................
Shandong Haoyang New Engineering Materials Co., Ltd * ............................................................................................................
Shandong Tongfa Glass Fiber Ltd * ................................................................................................................................................
Shandong Xinyu Geosynthetics Ltd * ..............................................................................................................................................
Tai’an Haohua Plastics Co., Ltd * ....................................................................................................................................................
Taian Hengbang Engineering Material Co., Ltd * ............................................................................................................................
Taian Naite Geosynthetics Ltd * ......................................................................................................................................................
Taian Road Engineering Materials Co., Ltd * ..................................................................................................................................
Tenax* ..............................................................................................................................................................................................
Hengshui Zhongtiejian Group Co * ..................................................................................................................................................
Qingdao Sunrise Dageng Import and Export Co., Ltd * ..................................................................................................................
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
128.27
sradovich on DSK3GDR082PROD with NOTICES
* Non-cooperative company to which an adverse facts available rate is being applied. See ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Preliminary Decision Memorandum.
In accordance with section 703(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (‘‘CBP’’) to
suspend liquidation of all entries of
geogrids from the PRC as described in
the scope of the investigation section
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register. Section 703(e)(2) of the Act
provides that, given an affirmative
determination of critical circumstances,
any suspension of liquidation shall
apply to unliquidated entries of
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of (a) the date which is 90
days before the date on which the
suspension of liquidation was first
ordered, or (b) the date on which notice
of initiation of the investigation was
published. We preliminarily found that
critical circumstances exist for imports
produced or exported by BOSTD
Geosynthetics Qingdao Ltd. and the all
other companies. Therefore, in
accordance with section 703(e)(2)(A) of
the Act, suspension of liquidation of
geogrids from the PRC, as described in
the ‘‘Scope of the Investigation’’ section,
shall apply to unliquidated entries of
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date which is 90 days before
the publication of this notice, the date
suspension of liquidation is first
ordered. Because we preliminarily
found critical circumstances do not
exist for Taian Modern Plastic Co., Ltd.,
we will begin suspension of liquidation
for such firms on the date of publication
of this notice in the Federal Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
VerDate Sep<11>2014
18:31 Jun 23, 2016
Jkt 238001
a cash deposit equal to the amounts
indicated above.
In accordance with sections 703(d)
and 705(c)(5)(A) of the Act, for
companies not investigated, we apply
an ‘‘all-others’’ rate, which is normally
calculated by weighting the subsidy
rates of the individual companies
selected as mandatory respondents by
those companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(i) of the Act, the allothers rate should exclude zero and de
minimis rates calculated for the
exporters and producers individually
investigated as well as rates based
entirely on facts otherwise available.
Notwithstanding the language of section
705(c)(5)(A)(i) of the Act, we have not
calculated the ‘‘all-others’’ rate by
weighted averaging the rates of the two
individually investigated respondents,
because doing so risks disclosure of
proprietary information. Therefore, for
the ‘‘all-others’’ rate, we calculated a
simple average of the two responding
firms’ rates.
Disclosure and Public Comment
The Department will disclose
calculations performed for this
preliminary determination to the parties
within five days of the date of public
announcement of this determination in
accordance with 19 CFR 351.224(b).
Case briefs or other written comments
for all non-scope issues may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the final verification report is issued in
this proceeding, and rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than five days
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
after the deadline date for case briefs.4
A table of contents, list of authorities
used and an executive summary of
issues should accompany any briefs
submitted to the Department. This
summary should be limited to five pages
total, including footnotes.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Standard Time, within 30 days after the
date of publication of this notice.5
Requests should contain the party’s
name, address, and telephone number;
the number of participants; and a list of
the issues to be discussed. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date, time
and location to be determined. Parties
will be notified of the date, time and
location of any hearing.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (‘‘ITC’’) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
4 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
5 See 19 CFR 351.310(c).
E:\FR\FM\24JNN1.SGM
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
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: June 17, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memo
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Preliminary Determination of Critical
Circumstances
VIII. Injury Test
IX. Application of Countervailing Duty Law
to Imports from the PRC
X. Subsidies Valuation
XI. Benchmarks and Interest Rates
XII. Use of Facts Otherwise Available and
Adverse Inferences
XIII. Analysis of Programs
XIV. Verification
XV. Conclusion
sradovich on DSK3GDR082PROD with NOTICES
[FR Doc. 2016–15007 Filed 6–23–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–813]
Polyethylene Retail Carrier Bags From
Malaysia: Preliminary Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on
polyethylene retail carrier bags (PRCBs)
from Malaysia. The period of review
(POR) is August 1, 2014, through July
31, 2015. The review covers one
producer/exporter of the subject
merchandise, Euro SME Sdn Bhd (Euro
SME). We preliminarily find that Euro
SME has sold subject merchandise at
less than normal value during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: June 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
AGENCY:
Appendix II
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
whether or not the inside corners of the foursided figures are rounded off or not sharp
angles. As used herein, the term ‘‘integral’’
VerDate Sep<11>2014
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
investigation 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.
17:43 Jun 23, 2016
Jkt 238001
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3683 or (202) 482–1690,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is PRCBs. The product is currently
classified under the Harmonized Tariff
Schedules of the United States (HTSUS)
item number 3923.21.0085. While the
HTSUS subheading is provided for
convenience and customs purposes, the
written description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.1
Bona Fides Analysis
We have analyzed the information
provided by Euro SME in this POR to
determine whether the company’s sale
under review was made in a bona fide
manner and, as such, should be
reviewed under the administrative
review provisions of the regulations. See
section 751(a)(2)(B) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.213. Where a review is based on a
single sale, exclusion of that sale as nonbona fide necessarily must end the
review.2 Accordingly, as discussed in
Euro SME’s Bona Fides Memorandum,
we preliminarily find Euro SME’s sale
to be bona fide and determine to
continue conducting this administrative
review.3
Methodology
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
1 See memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Polyethylene Retail Carrier
Bags from Malaysia’’ dated concurrently with this
notice (Preliminary Decision Memorandum), which
is hereby adopted by this notice.
2 See Tianjin Tiancheng Pharm. Co., Ltd. v.
United States, 366 F. Supp. 2d 1249 (CIT 2005)
(Tianjin Tiancheng) (quoting Certain Preserved
Mushrooms From the People’s Republic of China:
Final Results and Partial Rescission of the New
Shipper Review and Final Results and Partial
Rescission of the Third Antidumping Duty
Administrative Review, 68 FR 41304 (July 11, 2003)
and accompanying Issues and Decision
Memorandum at Comment 2).
3 See Memorandum to The File entitled ‘‘2014–
2015 Administrative Review of Polyethylene Retail
Carrier Bags from Malaysia—Preliminary Bona
Fides Sales Analysis of Euro SME Sdn Bhd,’’ dated
concurrently with this notice, for more details
including certain business proprietary information.
E:\FR\FM\24JNN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41292-41294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15007]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-037]
Countervailing Duty Investigation of Certain Biaxial Integral
Geogrid Products From the People's Republic of China: Preliminary
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain biaxial integral geogrid products
(``geogrids'') from the People's Republic of China (the ``PRC''). The
period of investigation is January 1, 2015, through December 31, 2015.
We invite interested parties to comment on this preliminary
determination.
DATES: Effective Date: June 24, 2016.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Ryan Mullen, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone 202.482.9068 or 202.482.5260,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this investigation are geogrids from the
PRC. For a complete description of the scope of this investigation, see
Appendix II.
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 a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memo.\1\ The Preliminary Decision Memo is a public document and is on
file electronically via Enforcement & 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 Memo can be accessed directly on
the Internet at https://trade.gov/enforcement/frn/. The signed
Preliminary Decision Memo and the electronic versions of the
Preliminary Decision Memo are identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of Certain Biaxial Integral
Geogrid Products from the People's Republic of China: Decision
Memorandum for the Preliminary Determination,'' dated concurrently
with this notice (``Preliminary Decision Memo'').
---------------------------------------------------------------------------
The Department notes that, in making these findings, we relied, in
part, on facts available and, because one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, we drew an adverse inference, where
appropriate, in selecting from among the facts otherwise available.\2\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memo.
---------------------------------------------------------------------------
\2\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memo, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning
the final CVD determination in this investigation with the final
determination in the companion antidumping duty (``AD'') investigation
of geogrids from the PRC.\3\ 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 October 31, 2016, unless
postponed.
---------------------------------------------------------------------------
\3\ See Certain Biaxial Integral Geogrid Products from the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation, 81 FR 7755 (February 16, 2016).
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an estimated individual countervailable subsidy rate for
each producer/exporter of the subject merchandise individually
investigated. We preliminarily determine these rates to be:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient 16.60
Science & Technology Development Co., Ltd............
Taian Modern Plastic Co., Ltd......................... 30.65
All Others............................................ 23.63
Chengdu Tian Road Engineering Materials Co., Ltd *.... 128.27
Chongqing Jiudi Reinforced Soil Engineering Co., Ltd * 128.27
CNBM International Corporation *...................... 128.27
Dezhou Yaohua Geosynthetics Ltd *..................... 128.27
Dezhou Zhengyu Geosynthetics Ltd *.................... 128.27
[[Page 41293]]
Hongye Engineering Materials Co., Ltd *............... 128.27
Hubei Nete Geosynthetics Ltd *........................ 128.27
Jiangsu Dingtai Engineering Material Co., Ltd *....... 128.27
Jiangsu Jiuding New Material Ltd *.................... 128.27
Lewu New Material Ltd *............................... 128.27
Nanjing Jinlu Geosynthetics Ltd *..................... 128.27
Nanjing Kunchi Composite Material Ltd *............... 128.27
Nanyang Jieda Geosynthetics Co., Ltd *................ 128.27
Qingdao Hongda Plastics Corp *........................ 128.27
Shandong Dexuda Geosynthetics Ltd *................... 128.27
Shandong Haoyang New Engineering Materials Co., Ltd *. 128.27
Shandong Tongfa Glass Fiber Ltd *..................... 128.27
Shandong Xinyu Geosynthetics Ltd *.................... 128.27
Tai'an Haohua Plastics Co., Ltd *..................... 128.27
Taian Hengbang Engineering Material Co., Ltd *........ 128.27
Taian Naite Geosynthetics Ltd *....................... 128.27
Taian Road Engineering Materials Co., Ltd *........... 128.27
Tenax*................................................ 128.27
Hengshui Zhongtiejian Group Co *...................... 128.27
Qingdao Sunrise Dageng Import and Export Co., Ltd *... 128.27
------------------------------------------------------------------------
* Non-cooperative company to which an adverse facts available rate is
being applied. See ``Use of Facts Otherwise Available and Adverse
Inferences'' section in the Preliminary Decision Memorandum.
In accordance with section 703(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of geogrids from the PRC as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register. Section 703(e)(2) of the Act provides that, given an
affirmative determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of merchandise entered,
or withdrawn from warehouse, for consumption on or after the later of
(a) the date which is 90 days before the date on which the suspension
of liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. We preliminarily found
that critical circumstances exist for imports produced or exported by
BOSTD Geosynthetics Qingdao Ltd. and the all other companies.
Therefore, in accordance with section 703(e)(2)(A) of the Act,
suspension of liquidation of geogrids from the PRC, as described in the
``Scope of the Investigation'' section, shall apply to unliquidated
entries of merchandise entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice, the date suspension of liquidation is first
ordered. Because we preliminarily found critical circumstances do not
exist for Taian Modern Plastic Co., Ltd., we will begin suspension of
liquidation for such firms on the date of publication of this notice in
the Federal Register. Pursuant to 19 CFR 351.205(d), the Department
will instruct CBP to require a cash deposit equal to the amounts
indicated above.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as mandatory respondents by those companies' exports
of the subject merchandise to the United States. Under section
705(c)(5)(i) of the Act, the all-others rate should exclude zero and de
minimis rates calculated for the exporters and producers individually
investigated as well as rates based entirely on facts otherwise
available. Notwithstanding the language of section 705(c)(5)(A)(i) of
the Act, we have not calculated the ``all-others'' rate by weighted
averaging the rates of the two individually investigated respondents,
because doing so risks disclosure of proprietary information.
Therefore, for the ``all-others'' rate, we calculated a simple average
of the two responding firms' rates.
Disclosure and Public Comment
The Department will disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments for all non-scope
issues may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the final
verification report is issued in this proceeding, and rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
five days after the deadline date for case briefs.\4\ A table of
contents, list of authorities used and an executive summary of issues
should accompany any briefs submitted to the Department. This summary
should be limited to five pages total, including footnotes.
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\4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, ACCESS, by 5:00 p.m. Eastern Standard Time,
within 30 days after the date of publication of this notice.\5\
Requests should contain the party's name, address, and telephone
number; the number of participants; and a list of the issues to be
discussed. If a request for a hearing is made, the Department intends
to hold the hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a date, time and
location to be determined. Parties will be notified of the date, time
and location of any hearing.
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\5\ See 19 CFR 351.310(c).
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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
[[Page 41294]]
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: June 17, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memo
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Preliminary Determination of Critical Circumstances
VIII. Injury Test
IX. Application of Countervailing Duty Law to Imports from the PRC
X. Subsidies Valuation
XI. Benchmarks and Interest Rates
XII. Use of Facts Otherwise Available and Adverse Inferences
XIII. Analysis of Programs
XIV. Verification
XV. Conclusion
Appendix II
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 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 investigation 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. 2016-15007 Filed 6-23-16; 8:45 am]
BILLING CODE 3510-DS-P
