Certain Biaxial Integral Geogrid Products From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 3284-3287 [2017-00428]

Download as PDF 3284 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices 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. Appendix II sradovich on DSK3GMQ082PROD with NOTICES V. Application of the Countervailing Duty Law to Imports From the PRC VI. Subsidy Valuation VII. Benchmarks and Discount Rates VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Analysis of Comments Comment 1: Whether the Export Buyer’s Credit Program Was Used by Respondents Comment 2: Policy Loans for Geogrids Industry Comment 3: Whether the Provision of Polypropylene for LTAR Is Specific Comment 4: Whether To Attribute Polypropylene LTAR Benefits to Only Polypropylene Products Comment 5: Whether To Use a Different Polypropylene Benchmark Comment 6: Whether To Remove Certain Freight Expenses From the Polypropylene Benchmark Comment 7: Whether To Exclude NonProduction Related Income From the Denominator Comment 8: Whether To Exclude Negative Offsets in the Benefit Calculation for Electricity Comment 9: Whether To Apply AFA to BOSTD’s Electricity Comment 10: Whether To Include Certain Loans in the Subsidy Calculations Comment 11: Whether To Include Certain Electricity Funds Comment 12: Whether the Department’s Finding of Critical Circumstance for BOSTD Is Contrary to Law Comment 13: Land-Use Rights for LTAR, Plant and Equipment for LTAR, and Installment Plans for Land-Use Rights XI. Recommendation AGENCY: The products covered by the scope are 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 in width 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 VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 [FR Doc. 2017–00429 Filed 1–10–17; 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: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that certain biaxial integral geogrid products (geogrids) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final weightedaverage dumping margins for the investigation on geogrids from the PRC are listed in the ‘‘Final Determination Margins’’ section of this notice. DATES: Effective January 11, 2017. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Susan Pulongbarit, 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) 482–1394 or (202) 482–4031, respectively. SUPPLEMENTARY INFORMATION: Background On August 22, 2016, the Department published its Preliminary PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Determination.1 We invited interested parties to comment on our Preliminary Determination of sales at LTFV. For a list of the parties that filed case and rebuttal briefs, see the Issues and Decision Memorandum.2 Period of Investigation The period of investigation (POI) is July 1, 2015, through December 31, 2015. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was January 2016.3 Scope of the Investigation The products covered by this investigation are geogrids from the People’s Republic of China (PRC). Subject geogrids enter the United States through Harmonized Tariff Schedule of the United States (HTSUS) statistical subheading 3926.90.9995, but may also enter through HTSUS subheadings 3920.20.0050 and 3925.90.0000. While HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of this investigation is dispositive. No interested party commented on the scope of this investigation. For a complete description of the scope of the investigation, see Appendix I to this notice. Analysis of Comments Received We addressed all issues raised by parties in case and rebuttal briefs in the Issues and Decision Memorandum.4 Appendix II to this notice includes a list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. The Issues and Decision Memorandum is available 1 See Certain Biaxial Integral Geogrid Products from the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 81 FR 56584 (August 22, 2015) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Certain Biaxial Integral Geogrid Products from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). 3 See 19 CFR 351.204(b)(1). 4 See Issues and Decision Memorandum. E:\FR\FM\11JAN1.SGM 11JAN1 3285 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum is available at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Act, in September 2016, the Department conducted verification of the information submitted by BOSTD Geosynthetics Qingdao Ltd. (BOSTD) and Taian Modern Plastic Co., Ltd. (Taian Modern) for use in the final determination. We issued our verification reports on November 4, 2016, and November 14, 2016.5 The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by respondents.6 Changes Since the Preliminary Determination Based on the Department’s analysis of the comments received and our findings at verification, we find that BOSTD and Taian Modern failed to cooperate by not acting to the best of their ability in this proceeding and, pursuant to section 776(b) of the Act and 19 CFR 351.308(a), we based BOSTD’s and Taian Modern’s respective dumping margins on total adverse facts available (AFA). For further discussion, see the Issues and Decision Memorandum. sradovich on DSK3GMQ082PROD with NOTICES Combination Rates In the Initiation Notice,7 the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.8 In 5 See the Department’s two memoranda regarding: ‘‘Verification of the Sales and Factors Response of Taian Modern Plastic Co., Ltd. (Taian Modern) in the Antidumping Duty Less Than Fair Value Investigation of Certain Biaxial Integral Geogrid Products from the People’s Republic of China,’’ dated November 4, 2016 (Taian Modern Verification Report); and ‘‘Verification of the Sales and Factors Responses of BOSTD Geosynthetics Qingdao Ltd. (BOSTD) in the Antidumping Investigation of Certain Biaxial Integral Geogrid Products from the People’s Republic of China,’’ dated November 15, 2016 (BOSTD Verification Report). 5 Id. 6 Id. 7 See Certain Biaxial Integral Geogrid Products from the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 7755, 7756 (February 16, 2016) (Initiation Notice). 8 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in VerDate Sep<11>2014 20:24 Jan 10, 2017 Jkt 241001 this case, because neither respondent qualified for a separate rate, combination rates were not calculated. Final Affirmative Determination of Critical Circumstances, in Part For the Preliminary Determination, the Department found that critical circumstances existed with respect to imports of geogrids from the PRC produced or exported by Taian Modern and the PRC-wide entity, but not with respect to imports of geogrids from BOSTD.9 We are not modifying our final critical circumstances finding for the PRC-wide entity (which now includes Taian Modern and BOSTD). Thus, pursuant to section 735(a)(3) of the Act and 19 CFR 351.206, we find that critical circumstances exist with respect to all exports of subject merchandise in this investigation. For further discussion, see the Issues and Decision Memorandum at Comments 1, 9 and 13. fully cooperated.11 Specifically, it is the Department’s practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or, (b) the highest calculated dumping margin of any respondent in the investigation.12 There are no calculated margins for any respondents in this investigation. Therefore, as AFA, the Department has assigned to the PRCwide entity the rate of 372.81 percent, which is the highest dumping margin alleged in the petition. The dumping margin for the PRC-wide entity applies to all entries of the merchandise under investigation.13 Final Determination The Department determines that the estimated final weighted-average dumping margins are as follows: Exporter Producer Weightedaverage margin (percent) PRC-Wide Entity 14 ................ 372.81 PRC-Wide Entity In this final determination, as discussed above, we are applying a rate based entirely on adverse facts available to the PRC-wide entity (which now includes the two mandatory respondents). Additionally, as explained in the Preliminary Determination, the Department did not receive timely responses to its Q&V questionnaire or separate rate applications from the PRC exporters and/or producers of subject merchandise that were named in the petition and to which the Department issued Q&V questionnaires.10 As these non-responsive PRC companies did not demonstrate that they are eligible for separate rate status, the Department continues to consider them to be part of the PRC-wide entity. PRC-Wide Rate For the final determination, we assigned as the AFA rate for the PRCwide entity the highest dumping margin from the petition, i.e., 372.81 percent. In selecting this AFA rate for the PRC-wide entity, the Department’s practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on the Department’s Web site at http://enforcement.trade.gov/policy/bull051.pdf. 9 See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 7–10. 10 See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 16–17 (Separate Rate). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 14 As discussed above, the PRC-wide entity includes BOSTD and Taian Modern. Disclosure Because our final determination is based entirely on AFA, there are no calculations to disclose. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of geogrids from the PRC as described in the ‘‘Scope of the Investigation’’ section, which were entered, or withdrawn from warehouse, for consumption on or after August 22, 2016, the date of publication in the Federal Register of the Preliminary Determination. For entries made by Taian Modern and the PRCwide entity, in accordance with section 735(c)(4)(A) of the Act, because we 11 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from Finland, 70 FR 28279 (May 17, 2005). 12 See, e.g., Certain Stilbenic Optical Brightening Agents from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the People’s Republic of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision Memorandum. 13 For a detailed discussion, see Issues and Decision Memorandum. E:\FR\FM\11JAN1.SGM 11JAN1 3286 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES continue to find that critical circumstances exist, we will instruct CBP to continue to suspend liquidation of all appropriate entries of geogrids from the PRC which were entered, or withdrawn from warehouse, for consumption on or after May 24, 2016, which is 90 days prior to the date of publication in the Federal Register of the Preliminary Determination. Provisional measures were not imposed retrospectively for BOSTD because of the Department’s preliminary negative critical circumstances determination with respect to it. However, the final affirmative critical circumstances determination now applies to BOSTD as it is now being treated as part of the PRC-wide entity. Accordingly, pursuant to section 735(c)(4)(C) of the Act, the Department will instruct CBP to suspend liquidation of all entries of geogrids from the PRC from BOSTD, which were entered, or withdrawn from warehouse, for consumption on or after 90-days prior to the date of publication of this final determination in the Federal Register. Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the Department will instruct CBP to require a cash deposit 15 equal to the amount by which the normal value exceeds U.S. price, adjusted where appropriate for export subsidies and estimated domestic subsidy pass-through. For all combinations of PRC exporters/ producers of merchandise under consideration, the cash deposit rate will be equal to the dumping margin established for the PRC-wide entity. As we stated in the Preliminary Determination, consistent with our practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the export price or constructed export price, less the amount of the countervailing duty determined to constitute an export subsidy.16 In this LTFV investigation, for the PRC-wide entity, which received an AFA rate, pursuant to section 776(b) of the Act, the Department has adjusted the PRC-wide entity’s AD cash deposit rate by the lowest export subsidy rate determined for any party in the companion CVD proceeding.17 Here, 15 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). 16 See Preliminary Determination, 81 FR at 56585–6. 17 See, e.g., Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 that rate is zero and, thus, no adjustment is necessary for the PRCwide rate.18 Furthermore, the Department did not adjust the final determination AD cash deposit rates for estimated domestic subsidy passthrough because respondents provided no reliable, accurate information to support an adjustment, pursuant to section 777A(f) of the Act.19 International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. As the Department’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of geogrids for sale from the PRC, or sales (or the likelihood of sales) for importation, of geogrids from the PRC. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Return or Destruction of Proprietary Information This notice also serves as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations Preliminary Determination of Sales at Less Than Fair Value; Preliminary Affirmative Determination of Critical Circumstances; In Part and Postponement of Final Determination, 80 FR 4250 (January 27, 2015), and accompanying Issues and Decision Memorandum at 35. 18 See Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products from the People’s Republic of China: Final Affirmative Determination and Final Determination of Critical Circumstances, in Part, dated concurrently with this notice. 19 See Issues and Decision Memorandum at Comments 1 and 9 for further discussion of our findings to apply total AFA to BOSTD and Taian Modern. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 and terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: January 4, 2017. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The products covered by the scope are 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 in width 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 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. Appendix II—Issues and Decision Memorandum I. Summary E:\FR\FM\11JAN1.SGM 11JAN1 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices II. Background III. Period of Investigation IV. Scope of the Investigation V. Changes Since the Preliminary Determination VI. Application of Adverse Facts Available VII. Affirmative Finding of Critical Circumstances VIII. List of Comments IX. Discussion of the Issues Company-Specific Issues BOSTD Comment 1: Application of Total Adverse Facts Available (AFA) to BOSTD Comment 2: Moot Arguments for BOSTD Taian Modern Comment 3: Application of Total AFA to Taian Modern Comment 4: Moot Arguments for Taian Modern General Issues Comment 5: Selection of AFA Rate to PRCWide Entity Comment 6: Critical Circumstances Comment 7: Moot Arguments for General Issues [FR Doc. 2017–00428 Filed 1–10–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF130 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Application for one enhancement permit renewal. AGENCY: Notice is hereby given that NMFS has received, from the United States Bureau of Reclamation (Reclamation), a permit application (16608–2R) to enhance the propagation and survival of species listed under the Endangered Species Act (ESA) of 1973, as amended. Under permit application 16608–2R, Reclamation is requesting renewal of permit 16608, for a five year period, to continue implementation of the San Joaquin River Restoration Program (SJRRP) Steelhead Monitoring Program. The permit application may be viewed online at: https:// apps.nmfs.noaa.gov/preview/preview_ open_for_comment.cfm. DATES: Comments or requests for a public hearing on the applications must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard time on February 10, 2017. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 Written comments on the application should be submitted to the California Central Valley Office, NMFS, 650 Capitol Mall, Suite 5–100, Sacramento, CA 95814. Comments may also be submitted via fax to 916–930– 3629 or by email to Jeff.Abrams@ noaa.gov (include the permit number in the subject line of the fax or email). FOR FURTHER INFORMATION CONTACT: Jeff Abrams, Sacramento, CA (ph.: 916–930– 3714, Fax: 916–930–3629, email: Jeff.Abrams@noaa.gov). Permit application instructions are available from the address above, or online at https://apps.nmfs.noaa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: Species Covered in This Notice The following listed species are covered in this notice: Chinook salmon (Oncorhynchus tshawytscha): Threatened Central Valley (CV) spring-run; Steelhead (O. mykiss): Threatened California Central Valley (CCV). Authority Enhancement permits are issued in accordance with Section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et. seq) and regulations governing listed fish and wildlife permits (50 CFR parts 222–227). NMFS issues permits based on findings that such permits: (1) Are applied for in good faith; (2) if granted and exercised, would not operate to the disadvantage of the listed species that are the subject of the permit; and (3) are consistent with the purposes and policy of Section 2 of the ESA. The authority to take listed species is subject to conditions set forth in the permits. Anyone requesting a hearing on an application listed in this notice should set out the specific reasons why a hearing on that application would be appropriate (see ADDRESSES). Such hearings are held at the discretion of the Assistant Administrator for Fisheries, NMFS. Permit Application(s) Received Permit 16608–2R Reclamation has applied for an enhancement permit under Section 10(a)(1)(A) of the ESA for a period of 5 years that would allow take of adult CCV steelhead, and adult CV spring-run Chinook salmon. Actions taken pursuant to the application are designed to monitor for the presence of CCV steelhead that may be attracted into the SJRRP Restoration Area (Restoration Area), and to relocate those captured fish to locations with better access to suitable spawning habitat. Prior to the completion of ongoing SJRRP efforts to PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 3287 improve fish passage, fish that are attracted into the Restoration Area will not have access to spawning habitat upstream. The proposed activities are intended to benefit listed species by relocating captured steelhead back to areas where they have access to spawning habitat in the Merced River or other San Joaquin River tributaries. The proposed monitoring would further benefit steelhead by providing data on the distribution of steelhead and their use of the Restoration Area in order to inform future ESA consultations and SJRRP management actions. While adult CV spring-run Chinook salmon are not the target species for these efforts, some may be captured during permitted activities. The post capture handling of CV spring-run Chinook salmon is covered under ESA Section 10(a)(1)(A) permit 17781. Listed fish would be captured by: Boat mounted electrofisher, fyke net, and trammel net. Handling would include conducting length measurements, gender identification, tissue and scale collection, checking for the presence of tags, and tagging by Passive Integrated Transponder (PIT). Captured steelhead would be transported by tank truck and released in the San Joaquin River downstream of the mouth of the Merced River. Observe/harass take may occur at occur at temporary weirs with electronic fish counting devices installed. Recaptured steelhead would be identified by the presence of a PIT tag. All persons implementing proposed activities would follow appropriate protocols to minimize injury to captured fish, including: Handling live steelhead with extreme care, monitoring water temperature to the maximum extent possible during sampling and processing procedures, maintaining adequate circulation and replenishment of water in holding units, following the NMFS 2000 electrofishing guidelines, and checking all traps at least daily. In addition, when a sample is comprised of a mix of species, any captured steelhead would be processed first, and steelhead rescued at the capture site would be allowed to recover to the maximum extent possible prior to being released into the mainstem San Joaquin River. The applicants are not proposing to kill any of the fish they capture, but a small number may die as an unintended result of the activities. Public Comments Solicited NMFS invites the public to comment on the permit application and associated HGMPs during a 30 day public comment period beginning on the date of this notice. This notice is E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3284-3287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00428]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-036]


Certain Biaxial Integral Geogrid Products From the People's 
Republic of China: Final Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) determines that 
certain biaxial integral geogrid products (geogrids) are being, or are 
likely to be, sold in the United States at less than fair value (LTFV), 
as provided in section 735 of the Tariff Act of 1930, as amended (the 
Act). The final weighted-average dumping margins for the investigation 
on geogrids from the PRC are listed in the ``Final Determination 
Margins'' section of this notice.

DATES: Effective January 11, 2017.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Susan Pulongbarit, 
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) 482-1394 or (202) 
482-4031, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 22, 2016, the Department published its Preliminary 
Determination.\1\ We invited interested parties to comment on our 
Preliminary Determination of sales at LTFV. For a list of the parties 
that filed case and rebuttal briefs, see the Issues and Decision 
Memorandum.\2\
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    \1\ See Certain Biaxial Integral Geogrid Products from the 
People's Republic of China: Affirmative Preliminary Determination of 
Sales at Less Than Fair Value, Affirmative Determination of Critical 
Circumstances, in Part, and Postponement of Final Determination, 81 
FR 56584 (August 22, 2015) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final 
Determination of the Antidumping Duty Investigation of Certain 
Biaxial Integral Geogrid Products from the People's Republic of 
China,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
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Period of Investigation

    The period of investigation (POI) is July 1, 2015, through December 
31, 2015. This period corresponds to the two most recent fiscal 
quarters prior to the month of the filing of the petition, which was 
January 2016.\3\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation

    The products covered by this investigation are geogrids from the 
People's Republic of China (PRC). Subject geogrids enter the United 
States through Harmonized Tariff Schedule of the United States (HTSUS) 
statistical subheading 3926.90.9995, but may also enter through HTSUS 
subheadings 3920.20.0050 and 3925.90.0000. While HTSUS subheadings are 
provided for convenience and Customs purposes, the written description 
of the scope of this investigation is dispositive.
    No interested party commented on the scope of this investigation. 
For a complete description of the scope of the investigation, see 
Appendix I to this notice.

Analysis of Comments Received

    We addressed all issues raised by parties in case and rebuttal 
briefs in the Issues and Decision Memorandum.\4\ Appendix II to this 
notice includes a list of the issues which the parties raised and to 
which the Department responded in the Issues and Decision Memorandum. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. The 
Issues and Decision Memorandum is available

[[Page 3285]]

to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum is available at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum.
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Verification

    As provided in section 782(i) of the Act, in September 2016, the 
Department conducted verification of the information submitted by BOSTD 
Geosynthetics Qingdao Ltd. (BOSTD) and Taian Modern Plastic Co., Ltd. 
(Taian Modern) for use in the final determination. We issued our 
verification reports on November 4, 2016, and November 14, 2016.\5\ The 
Department used standard verification procedures, including examination 
of relevant accounting and production records and original source 
documents provided by respondents.\6\
---------------------------------------------------------------------------

    \5\ See the Department's two memoranda regarding: ``Verification 
of the Sales and Factors Response of Taian Modern Plastic Co., Ltd. 
(Taian Modern) in the Antidumping Duty Less Than Fair Value 
Investigation of Certain Biaxial Integral Geogrid Products from the 
People's Republic of China,'' dated November 4, 2016 (Taian Modern 
Verification Report); and ``Verification of the Sales and Factors 
Responses of BOSTD Geosynthetics Qingdao Ltd. (BOSTD) in the 
Antidumping Investigation of Certain Biaxial Integral Geogrid 
Products from the People's Republic of China,'' dated November 15, 
2016 (BOSTD Verification Report).
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on the Department's analysis of the comments received and our 
findings at verification, we find that BOSTD and Taian Modern failed to 
cooperate by not acting to the best of their ability in this proceeding 
and, pursuant to section 776(b) of the Act and 19 CFR 351.308(a), we 
based BOSTD's and Taian Modern's respective dumping margins on total 
adverse facts available (AFA). For further discussion, see the Issues 
and Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\8\ In this case, because neither respondent qualified 
for a separate rate, combination rates were not calculated.
---------------------------------------------------------------------------

    \7\ See Certain Biaxial Integral Geogrid Products from the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation, 81 FR 7755, 7756 (February 16, 2016) (Initiation 
Notice).
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances, in Part

    For the Preliminary Determination, the Department found that 
critical circumstances existed with respect to imports of geogrids from 
the PRC produced or exported by Taian Modern and the PRC-wide entity, 
but not with respect to imports of geogrids from BOSTD.\9\ We are not 
modifying our final critical circumstances finding for the PRC-wide 
entity (which now includes Taian Modern and BOSTD). Thus, pursuant to 
section 735(a)(3) of the Act and 19 CFR 351.206, we find that critical 
circumstances exist with respect to all exports of subject merchandise 
in this investigation. For further discussion, see the Issues and 
Decision Memorandum at Comments 1, 9 and 13.
---------------------------------------------------------------------------

    \9\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 7-10.
---------------------------------------------------------------------------

PRC-Wide Entity

    In this final determination, as discussed above, we are applying a 
rate based entirely on adverse facts available to the PRC-wide entity 
(which now includes the two mandatory respondents). Additionally, as 
explained in the Preliminary Determination, the Department did not 
receive timely responses to its Q&V questionnaire or separate rate 
applications from the PRC exporters and/or producers of subject 
merchandise that were named in the petition and to which the Department 
issued Q&V questionnaires.\10\ As these non-responsive PRC companies 
did not demonstrate that they are eligible for separate rate status, 
the Department continues to consider them to be part of the PRC-wide 
entity.
---------------------------------------------------------------------------

    \10\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 16-17 (Separate Rate).
---------------------------------------------------------------------------

PRC-Wide Rate

    For the final determination, we assigned as the AFA rate for the 
PRC-wide entity the highest dumping margin from the petition, i.e., 
372.81 percent. In selecting this AFA rate for the PRC-wide entity, the 
Department's practice is to select a rate that is sufficiently adverse 
to ensure that the uncooperative party does not obtain a more favorable 
result by failing to cooperate than if it had fully cooperated.\11\ 
Specifically, it is the Department's practice to select, as an AFA 
rate, the higher of: (a) The highest dumping margin alleged in the 
petition; or, (b) the highest calculated dumping margin of any 
respondent in the investigation.\12\ There are no calculated margins 
for any respondents in this investigation. Therefore, as AFA, the 
Department has assigned to the PRC-wide entity the rate of 372.81 
percent, which is the highest dumping margin alleged in the petition. 
The dumping margin for the PRC-wide entity applies to all entries of 
the merchandise under investigation.\13\
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    \11\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethylcellulose from Finland, 69 FR 77216 (December 
27, 2004), unchanged in Notice of Final Determination of Sales at 
Less Than Fair Value: Purified Carboxymethylcellulose from Finland, 
70 FR 28279 (May 17, 2005).
    \12\ See, e.g., Certain Stilbenic Optical Brightening Agents 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Flat-Rolled Carbon Quality Steel Products from the People's Republic 
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and 
Decision Memorandum.
    \13\ For a detailed discussion, see Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

Final Determination

    The Department determines that the estimated final weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter                      Producer     margin
                                                              (percent)
------------------------------------------------------------------------
PRC-Wide Entity \14\...........................  .........       372.81
------------------------------------------------------------------------
\14\ As discussed above, the PRC-wide entity includes BOSTD and Taian
  Modern.

Disclosure

    Because our final determination is based entirely on AFA, there are 
no calculations to disclose.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of geogrids from the PRC 
as described in the ``Scope of the Investigation'' section, which were 
entered, or withdrawn from warehouse, for consumption on or after 
August 22, 2016, the date of publication in the Federal Register of the 
Preliminary Determination. For entries made by Taian Modern and the 
PRC-wide entity, in accordance with section 735(c)(4)(A) of the Act, 
because we

[[Page 3286]]

continue to find that critical circumstances exist, we will instruct 
CBP to continue to suspend liquidation of all appropriate entries of 
geogrids from the PRC which were entered, or withdrawn from warehouse, 
for consumption on or after May 24, 2016, which is 90 days prior to the 
date of publication in the Federal Register of the Preliminary 
Determination. Provisional measures were not imposed retrospectively 
for BOSTD because of the Department's preliminary negative critical 
circumstances determination with respect to it. However, the final 
affirmative critical circumstances determination now applies to BOSTD 
as it is now being treated as part of the PRC-wide entity. Accordingly, 
pursuant to section 735(c)(4)(C) of the Act, the Department will 
instruct CBP to suspend liquidation of all entries of geogrids from the 
PRC from BOSTD, which were entered, or withdrawn from warehouse, for 
consumption on or after 90-days prior to the date of publication of 
this final determination in the Federal Register.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the 
Department will instruct CBP to require a cash deposit \15\ equal to 
the amount by which the normal value exceeds U.S. price, adjusted where 
appropriate for export subsidies and estimated domestic subsidy pass-
through. For all combinations of PRC exporters/producers of merchandise 
under consideration, the cash deposit rate will be equal to the dumping 
margin established for the PRC-wide entity.
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    \15\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

    As we stated in the Preliminary Determination, consistent with our 
practice, where the product under investigation is also subject to a 
concurrent countervailing duty investigation, we instruct CBP to 
require a cash deposit equal to the amount by which the normal value 
exceeds the export price or constructed export price, less the amount 
of the countervailing duty determined to constitute an export 
subsidy.\16\ In this LTFV investigation, for the PRC-wide entity, which 
received an AFA rate, pursuant to section 776(b) of the Act, the 
Department has adjusted the PRC-wide entity's AD cash deposit rate by 
the lowest export subsidy rate determined for any party in the 
companion CVD proceeding.\17\ Here, that rate is zero and, thus, no 
adjustment is necessary for the PRC-wide rate.\18\ Furthermore, the 
Department did not adjust the final determination AD cash deposit rates 
for estimated domestic subsidy pass-through because respondents 
provided no reliable, accurate information to support an adjustment, 
pursuant to section 777A(f) of the Act.\19\
---------------------------------------------------------------------------

    \16\ See Preliminary Determination, 81 FR at 56585-6.
    \17\ See, e.g., Certain Passenger Vehicle and Light Truck Tires 
from the People's Republic of China: Preliminary Determination of 
Sales at Less Than Fair Value; Preliminary Affirmative Determination 
of Critical Circumstances; In Part and Postponement of Final 
Determination, 80 FR 4250 (January 27, 2015), and accompanying 
Issues and Decision Memorandum at 35.
    \18\ See Countervailing Duty Investigation of Certain Biaxial 
Integral Geogrid Products from the People's Republic of China: Final 
Affirmative Determination and Final Determination of Critical 
Circumstances, in Part, dated concurrently with this notice.
    \19\ See Issues and Decision Memorandum at Comments 1 and 9 for 
further discussion of our findings to apply total AFA to BOSTD and 
Taian Modern.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we notified the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. As the Department's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will determine, within 45 days, whether the domestic industry in 
the United States is materially injured, or threatened with material 
injury, by reason of imports of geogrids for sale from the PRC, or 
sales (or the likelihood of sales) for importation, of geogrids from 
the PRC. If the ITC determines that such injury does not exist, this 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
CBP to assess, upon further instruction by the Department, antidumping 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Return or Destruction of Proprietary Information

    This notice also serves as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305. Timely written notification of 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: January 4, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The products covered by the scope are 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 in width 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 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.

Appendix II--Issues and Decision Memorandum

I. Summary

[[Page 3287]]

II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Application of Adverse Facts Available
VII. Affirmative Finding of Critical Circumstances
VIII. List of Comments
IX. Discussion of the Issues

Company-Specific Issues

BOSTD

Comment 1: Application of Total Adverse Facts Available (AFA) to 
BOSTD
Comment 2: Moot Arguments for BOSTD

Taian Modern

Comment 3: Application of Total AFA to Taian Modern
Comment 4: Moot Arguments for Taian Modern

General Issues

Comment 5: Selection of AFA Rate to PRC-Wide Entity
Comment 6: Critical Circumstances
Comment 7: Moot Arguments for General Issues

[FR Doc. 2017-00428 Filed 1-10-17; 8:45 am]
 BILLING CODE 3510-DS-P