Certain Biaxial Integral Geogrid Products From the People's Republic of China: Amended Preliminary Results of Countervailing Duty Investigation, 48384-48386 [2016-17565]
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48384
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
Dated: July 18, 2016.
Samuel H. Rikkers,
Administrator, Rural Business-Cooperative
Service.
International Trade Administration
part, if the party that requested a review
withdraws its request within 90 days of
the date of publication of notice of
initiation of the requested review. In
this case, WTTC withdrew its request
for review within the 90-day deadline,
and no other party requested an
administrative review of the CVD order.
Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this
review in its entirety.
[C–570–982]
Assessment
[FR Doc. 2016–17485 Filed 7–22–16; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF COMMERCE
Utility Scale Wind Towers from the
People’s Republic of China:
Rescission of Countervailing Duty
Administrative Review; 2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding its
administrative review of the
countervailing duty (CVD) order on
utility scale wind towers (wind towers)
from the People’s Republic of China
(PRC) for the period January 1, 2015,
through December 31, 2015.
DATES: Effective July 25, 2016.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4793.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department initiated an
administrative review of the CVD order
on wind towers from the PRC with
respect to 50 companies for the period
January 1, 2015, through December 31,
2015, based on a request by the
petitioner, the Wind Tower Trade
Coalition (WTTC).1 On July 6, 2016,
WTTC timely withdrew its request for
an administrative review of all 50
companies.2 No other party requested a
review.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review in whole or in
mstockstill on DSK3G9T082PROD with NOTICES
1 See
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324 (April 7, 2016) (Initiation Notice). In the
Initiation Notice, we inadvertently listed only 45
companies; however, WTTC requested a review of
50 companies. See Letter from WTTC regarding
‘‘Request for Administrative Review’’ (February 23,
2016).
2 See Letter from the WTTC regarding
‘‘Withdrawal of Request for Administrative
Review’’ (July 6, 2016).
VerDate Sep<11>2014
18:27 Jul 22, 2016
Jkt 238001
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess CVDs on all entries of wind
towers from the PRC during the period
January 1, 2015, through December 31,
2015, at rates equal to the cash deposit
of estimated CVDs required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice.
Notifications
This notice serves as a final reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305.(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a violation which is subject to
sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: July 18, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–17562 Filed 7–22–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–037]
Certain Biaxial Integral Geogrid
Products From the People’s Republic
of China: Amended Preliminary
Results of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
On June 24, 2016, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the Preliminary
Determination of the countervailing
duty (‘‘CVD’’) investigation on certain
biaxial integral geogrid products
(‘‘geogrids’’) from the People’s Republic
of China (‘‘PRC’’). The Department is
amending the Preliminary
Determination of the investigation to
correct three ministerial errors.
DATES: Effective June 24, 2016.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Ryan Mullen, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–9068 or (202) 482–
5260, respectively.
SUPPLEMENTARY INFORMATION: On June
24, 2016, the Department published in
the Federal Register the Preliminary
Determination of the CVD investigation
of geogrids from the PRC.1 On June 24,
2016, and June 27, 2016, respectively,
Taian Modern Plastic Co., Ltd. (‘‘Taian
Modern’’) and BOSTD Geosynthetics
Qingdao Ltd. (‘‘BOSTD Qingdao’’)
alleged that the Department made
significant ministerial errors in the
Preliminary Determination.2
SUMMARY:
Significant Ministerial Error
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (‘‘the Act’’), includes
‘‘errors in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 3 With respect to
preliminary determinations, 19 CFR
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination . . .’’ A significant
1 See 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 Determination, 81 FR 41292 (June 24,
2016) (‘‘Preliminary Determination’’).
2 On June 30, 2016 the Department received
comments submitted by Tensar Corporation in
reply to the ministerial allegations of Taian Modern
and BOSTD Qingdao. However, in accordance with
19 CFR 351.224(c)(3), these reply comments were
rejected from the record. See Letter from Catherine
Bertrand, Program Manager, Office V, ‘‘Certain
Biaxial Integral Geogrids Products from the People’s
Republic of China: Tensar Corporation’s Ministerial
Reply Comments’’ (July 5, 2016).
3 See also 19 CFR 351.224(f).
E:\FR\FM\25JYN1.SGM
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Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
ministerial error is defined as an error,
the correction of which, singly or in
combination with other errors, would
result in: (1) A change of at least five
absolute percentage points in, but not
less than 25 percent of, the
countervailable subsidy rate calculated
in the original (erroneous) preliminary
determination; or (2) a difference
between a countervailable subsidy rate
of zero (or de minimis) and a
countervailable subsidy rate of greater
than de minimis or vice versa.4 As
explained further in the Ministerial
Error Memorandum issued concurrently
with this Notice,5 and pursuant to 19
CFR 351.224(e) and (g), the Department
is amending the Preliminary
Determination to reflect the correction
of three ministerial errors made in the
calculation of the subsidy rates for
Taian Modern and BOSTD Qingdao.
Ministerial Error Allegations
Taian Modern alleges that, although
the Department stated in the
Preliminary Determination that it was
using total sales as the denominator in
calculating the subsidy rate because the
programs were considered domestic
subsidies, the Department actually used
only Taian Modern’s sales of geogrids as
the denominator in its calculations.
After comparing the ministerial error
allegations against record evidence, in
accordance with section 751(h) of the
Act, we agree that we inadvertently
used only Taian Modern’s sales of
geogrids in our calculation instead of
total sales. This resulted in a significant
error within the meaning of section
735(e) of the Act and 19 CFR 351.224(g).
We have corrected this error in this
notice.
BOSTD Qingdao alleges that in the
Preliminary Determination, the
Department stated that it would add to
the purchase price for each individual
domestic purchase the reported delivery
charge and VAT paid to obtain a total
amount paid. However, the Department
unintentionally included BOSTD
Qingdao’s purchases of imported (e.g.,
non-Chinese origin) polypropylene in
the less-than-adequate-remuneration
(‘‘LTAR’’) calculation.
Next, with respect to the electricity
for LTAR calculation, BOSTD Qingdao
alleges that the Department made an
error in addition. In the Department’s
calculation worksheet, the benefit totals
from each of the various electricity
categories was hardcode rather than a
sum formula. The actual sum of BOSTD
Qingdao’s electricity benefit is
considerably less.
After comparing the ministerial error
allegations against record evidence, in
accordance with section 751(h) of the
Act, we agree with BOSTD Qingdao that
we inadvertently included BOSTD
Qingdao’s purchases of imported
polypropylene in the LTAR calculation.
We also agree that we miscalculated the
benefit total of the various electricity
categories. These errors resulted in a
significant error within the meaning of
section 735(e) of the Act and 19 CFR
351.224(g). We have corrected these
errors in this notice.
Amended Preliminary Determination
We are amending the preliminary
countervailing duty rates for Taian
Modern and BOSTD Qingdao pursuant
to 19 CFR 351.224(e). In addition, the
preliminary ‘‘All-Others’’ Rate was
based on the simple average of the
subsidy rates calculated for Taian
Modern and BOSTD Qingdao. Thus, we
are also amending the ‘‘All-Others’’ rate
to account for the change in Taian
Modern’s and BOSTD Qingdao’s
subsidy rate. Specifically, we are
calculating the simple average of the
corrected subsidy rate for Taian Modern
and BOSTD Qingdao. Further,
correcting Taian Modern’s ‘‘Provision of
Polypropylene for LTAR’’ error and
BOSTD Qingdao’s ‘‘Provision of
Electricity for LTAR’’ calculation leads
to a change in the adverse facts available
rate.6 The revised subsidy rates are as
follows:
mstockstill on DSK3G9T082PROD 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.* .................................................................................................................................................
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 * .................................................................................................................................................................................................
4 See
19 CFR 351.224(g) (1), (2).
Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
James Doyle, Director, Office V, through Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, entitled,
‘‘Countervailing Duty Investigation of Certain
5 See
VerDate Sep<11>2014
18:27 Jul 22, 2016
Jkt 238001
Biaxial Integral Geogrid Products from the People’s
Republic of China: Allegation of Significant
Ministerial Errors in the Preliminary
Determination,’’ dated concurrently with this notice
(‘‘Ministerial Error Memorandum’’). This
memorandum is on file electronically via
Enforcement and Compliance’s Antidumping and
Countervailing Duty Centralized Electronic Service
PO 00000
Frm 00011
Fmt 4703
48385
Sfmt 4703
5.19
20.79
12.99
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
119.13
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.
6 See Ministerial Error Memorandum for the
revised adverse facts available rate.
E:\FR\FM\25JYN1.SGM
25JYN1
48386
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
Company
Subsidy rate
Hengshui Zhongtiejian Group Co.* ......................................................................................................................................................
Qingdao Sunrise Dageng Import and Export Co., Ltd.* ......................................................................................................................
119.13
119.13
* Non-cooperative company to which an adverse facts available rate is being applied. See 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 Determination, 81 FR 41292 (June 24, 2016) and accompanying Preliminary Decision Memo at ‘‘Use of Facts Otherwise Available and
Adverse Inferences.’’
These amended preliminary results
are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: July 19, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–17565 Filed 7–22–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Department of Commerce Trade
Finance Advisory Council
Establishment
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of establishment of the
U.S. Department of Commerce Trade
Finance Advisory Council.
AGENCY:
The Secretary of Commerce
(Secretary), having determined that it is
in the public interest in connection with
the performance of duties imposed on
the Department of Commerce by law,
and with the concurrence of the General
Services Administration, announces
establishment of the U.S. Department of
Commerce Trade Finance Advisory
Council. This advisory committee will
advise the Secretary on the development
of strategies and programs that would
help expand access to trade finance for
U.S. exporters. The establishment of this
federal advisory committee is necessary
to provide input to the Secretary
regarding the challenges faced by U.S.
exporters in accessing capital,
innovative solutions that can address
these challenges, and recommendations
on strategies that can expand access to
finance and educate U.S. exporters on
available resources. This notice also
requests nominations for membership.
DATES: Nominations for members must
be received on or before 5 p.m. EDT
Monday, August 22, 2016.
ADDRESSES: All nominations should be
submitted to the Executive Secretary,
Advisory Council on Trade Finance to:
Ericka Ukrow, Office of Finance and
Insurance Industries, U.S. Department
of Commerce Trade Finance Advisory
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:27 Jul 22, 2016
Jkt 238001
Council, Room 18002, 1401 Constitution
Avenue NW., Washington, DC 20230, or
via email at: Ericka.Ukrow@trade.gov.
FOR FURTHER INFORMATION CONTACT:
Ericka Ukrow, Office of Finance and
Insurance Industries, Room 18002, U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0405,
email: Ericka.Ukrow@trade.gov.
SUPPLEMENTARY INFORMATION:
financing challenges faced by U.S.
exporters, especially SMEs, and their
foreign buyers, (2) examine other
noteworthy issues raised by
stakeholders represented by the
membership, (3) identify emerging
financing sources that would address
these gaps, and (4) recommend specific
activities by which these
recommendations could be incorporated
and implemented.
I. Background and Authority
The U.S. Department of Commerce
Trade Finance Advisory Council (TFAC)
is established in accordance with the
provisions of the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., to advise the Secretary on matters
relating to private sector trade financing
for U.S. exporters. The Department
affirms that the creation of the TFAC is
necessary and in the public interest.
The Department of Commerce,
International Trade Administration,
Office of Finance and Insurance
Industries, is accepting nominations for
membership on the TFAC. The TFAC
functions solely as an advisory
committee. The TFAC shall advise the
Secretary in identifying effective ways
to help expand access to finance for U.S.
exporters, especially small- and
medium-sized enterprises (SMEs), and
their foreign buyers.
The TFAC shall provide a necessary
forum to facilitate the discussion
between a diverse group of stakeholders
such as banks, non-bank financial
institutions, other trade finance related
organizations, and exporters to gain a
better understanding regarding current
challenges facing U.S. exporters in
accessing finance.
The TFAC shall draw upon the
experience of its members in order to
obtain ideas and suggestions for
innovative solutions to these challenges.
The TFAC shall develop
recommendations on programs or
activities that the Department of
Commerce could incorporate as part of
its export promotion and trade finance
education efforts.
The TFAC shall report to the
Secretary on its activities and
recommendations. In creating its
reports, the TFAC should: (1) Evaluate
current credit conditions and specific
II. Structure, Membership, and
Operation
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
The TFAC shall consist of no more
than twenty members appointed by the
Secretary. Members may be drawn from:
• U.S. companies that are exporters of
goods and services;
• U.S. commercial banks that provide
trade finance products, cross-border
payment services, or foreign exchange
solutions;
• Non-bank U.S. financial institutions
that provide trade finance products,
cross-border payment services, or
foreign exchange solutions;
• Associations that represent: (a) U.S.
exporters and SMEs; and (b) U.S.
commercial banks or non-bank financial
institutions or other professionals that
facilitate international trade
transactions;
• U.S. companies or entities whose
business includes trade-finance-related
activities or services;
• U.S. scholars, academic
institutions, or public policy
organizations with expertise in global
business, trade finance, and
international banking related subjects;
and
• Economic development
organizations and other U.S. regional,
state and local governmental and nongovernmental organizations whose
missions or activities include the
analysis, provision, or facilitation of
trade finance products/services.
Membership shall include a broad
range of companies and organizations in
terms of products and services,
company size, and geographic location
of both the source and destination of
trade finance. Members will be selected
based on their ability to carry out the
objectives of the TFAC, in accordance
with applicable Department of
Commerce guidelines, in a manner that
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Agencies
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48384-48386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17565]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-037]
Certain Biaxial Integral Geogrid Products From the People's
Republic of China: Amended Preliminary Results of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 24, 2016, the Department of Commerce (``Department'')
published in the Federal Register the Preliminary Determination of the
countervailing duty (``CVD'') investigation on certain biaxial integral
geogrid products (``geogrids'') from the People's Republic of China
(``PRC''). The Department is amending the Preliminary Determination of
the investigation to correct three ministerial errors.
DATES: Effective June 24, 2016.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Ryan Mullen, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-5260, respectively.
SUPPLEMENTARY INFORMATION: On June 24, 2016, the Department published
in the Federal Register the Preliminary Determination of the CVD
investigation of geogrids from the PRC.\1\ On June 24, 2016, and June
27, 2016, respectively, Taian Modern Plastic Co., Ltd. (``Taian
Modern'') and BOSTD Geosynthetics Qingdao Ltd. (``BOSTD Qingdao'')
alleged that the Department made significant ministerial errors in the
Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See 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 Determination, 81 FR 41292 (June 24, 2016)
(``Preliminary Determination'').
\2\ On June 30, 2016 the Department received comments submitted
by Tensar Corporation in reply to the ministerial allegations of
Taian Modern and BOSTD Qingdao. However, in accordance with 19 CFR
351.224(c)(3), these reply comments were rejected from the record.
See Letter from Catherine Bertrand, Program Manager, Office V,
``Certain Biaxial Integral Geogrids Products from the People's
Republic of China: Tensar Corporation's Ministerial Reply Comments''
(July 5, 2016).
---------------------------------------------------------------------------
Significant Ministerial Error
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (``the Act''), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \3\ With respect to preliminary determinations, 19 CFR
351.224(e) provides that the Department ``will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination . . .'' A significant
[[Page 48385]]
ministerial error is defined as an error, the correction of which,
singly or in combination with other errors, would result in: (1) A
change of at least five absolute percentage points in, but not less
than 25 percent of, the countervailable subsidy rate calculated in the
original (erroneous) preliminary determination; or (2) a difference
between a countervailable subsidy rate of zero (or de minimis) and a
countervailable subsidy rate of greater than de minimis or vice
versa.\4\ As explained further in the Ministerial Error Memorandum
issued concurrently with this Notice,\5\ and pursuant to 19 CFR
351.224(e) and (g), the Department is amending the Preliminary
Determination to reflect the correction of three ministerial errors
made in the calculation of the subsidy rates for Taian Modern and BOSTD
Qingdao.
---------------------------------------------------------------------------
\3\ See also 19 CFR 351.224(f).
\4\ See 19 CFR 351.224(g) (1), (2).
\5\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from James Doyle, Director, Office V,
through Christian Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, entitled, ``Countervailing Duty
Investigation of Certain Biaxial Integral Geogrid Products from the
People's Republic of China: Allegation of Significant Ministerial
Errors in the Preliminary Determination,'' dated concurrently with
this notice (``Ministerial Error Memorandum''). This memorandum is
on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System
(``ACCESS''). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central
Records Unit, room B8024 of the main Department of Commerce
building.
---------------------------------------------------------------------------
Ministerial Error Allegations
Taian Modern alleges that, although the Department stated in the
Preliminary Determination that it was using total sales as the
denominator in calculating the subsidy rate because the programs were
considered domestic subsidies, the Department actually used only Taian
Modern's sales of geogrids as the denominator in its calculations.
After comparing the ministerial error allegations against record
evidence, in accordance with section 751(h) of the Act, we agree that
we inadvertently used only Taian Modern's sales of geogrids in our
calculation instead of total sales. This resulted in a significant
error within the meaning of section 735(e) of the Act and 19 CFR
351.224(g). We have corrected this error in this notice.
BOSTD Qingdao alleges that in the Preliminary Determination, the
Department stated that it would add to the purchase price for each
individual domestic purchase the reported delivery charge and VAT paid
to obtain a total amount paid. However, the Department unintentionally
included BOSTD Qingdao's purchases of imported (e.g., non-Chinese
origin) polypropylene in the less-than-adequate-remuneration (``LTAR'')
calculation.
Next, with respect to the electricity for LTAR calculation, BOSTD
Qingdao alleges that the Department made an error in addition. In the
Department's calculation worksheet, the benefit totals from each of the
various electricity categories was hardcode rather than a sum formula.
The actual sum of BOSTD Qingdao's electricity benefit is considerably
less.
After comparing the ministerial error allegations against record
evidence, in accordance with section 751(h) of the Act, we agree with
BOSTD Qingdao that we inadvertently included BOSTD Qingdao's purchases
of imported polypropylene in the LTAR calculation. We also agree that
we miscalculated the benefit total of the various electricity
categories. These errors resulted in a significant error within the
meaning of section 735(e) of the Act and 19 CFR 351.224(g). We have
corrected these errors in this notice.
Amended Preliminary Determination
We are amending the preliminary countervailing duty rates for Taian
Modern and BOSTD Qingdao pursuant to 19 CFR 351.224(e). In addition,
the preliminary ``All-Others'' Rate was based on the simple average of
the subsidy rates calculated for Taian Modern and BOSTD Qingdao. Thus,
we are also amending the ``All-Others'' rate to account for the change
in Taian Modern's and BOSTD Qingdao's subsidy rate. Specifically, we
are calculating the simple average of the corrected subsidy rate for
Taian Modern and BOSTD Qingdao. Further, correcting Taian Modern's
``Provision of Polypropylene for LTAR'' error and BOSTD Qingdao's
``Provision of Electricity for LTAR'' calculation leads to a change in
the adverse facts available rate.\6\ The revised subsidy rates are as
follows:
---------------------------------------------------------------------------
\6\ See Ministerial Error Memorandum for the revised adverse
facts available rate.
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient 5.19
Science & Technology Development Co., Ltd..............
Taian Modern Plastic Co., Ltd........................... 20.79
All-Others.............................................. 12.99
Chengdu Tian Road Engineering Materials Co., Ltd.*...... 119.13
Chongqing Jiudi Reinforced Soil Engineering Co., Ltd.*.. 119.13
CNBM International Corporation *........................ 119.13
Dezhou Yaohua Geosynthetics Ltd.*....................... 119.13
Dezhou Zhengyu Geosynthetics Ltd.*...................... 119.13
Hongye Engineering Materials Co., Ltd.*................. 119.13
Hubei Nete Geosynthetics Ltd.*.......................... 119.13
Jiangsu Dingtai Engineering Material Co., Ltd.*......... 119.13
Jiangsu Jiuding New Material Ltd.*...................... 119.13
Lewu New Material Ltd.*................................. 119.13
Nanjing Jinlu Geosynthetics Ltd.*....................... 119.13
Nanjing Kunchi Composite Material Ltd.*................. 119.13
Nanyang Jieda Geosynthetics Co., Ltd.*.................. 119.13
Qingdao Hongda Plastics Corp.*.......................... 119.13
Shandong Dexuda Geosynthetics Ltd.*..................... 119.13
Shandong Haoyang New Engineering Materials Co., Ltd.*... 119.13
Shandong Tongfa Glass Fiber Ltd.*....................... 119.13
Shandong Xinyu Geosynthetics Ltd.*...................... 119.13
Tai'an Haohua Plastics Co., Ltd.*....................... 119.13
Taian Hengbang Engineering Material Co., Ltd.*.......... 119.13
Taian Naite Geosynthetics Ltd.*......................... 119.13
Taian Road Engineering Materials Co., Ltd.*............. 119.13
Tenax *................................................. 119.13
[[Page 48386]]
Hengshui Zhongtiejian Group Co.*........................ 119.13
Qingdao Sunrise Dageng Import and Export Co., Ltd.*..... 119.13
------------------------------------------------------------------------
* Non-cooperative company to which an adverse facts available rate is
being applied. See 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 Determination, 81 FR 41292 (June 24, 2016) and
accompanying Preliminary Decision Memo at ``Use of Facts Otherwise
Available and Adverse Inferences.''
These amended preliminary results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: July 19, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-17565 Filed 7-22-16; 8:45 am]
BILLING CODE 3510-DS-P