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, 3282-3284 [2017-00429]
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Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
in the Federal Register (81 FR 93660)
proposed revisions to the user fees for
export and investment promotion
services/events. US&FCS is extending
the public comment period from
January 16, 2016, until January 21, 2017.
Aditi Palli,
Program Analyst International Trade
Administration, U.S. & Foreign Commercial
Service.
[FR Doc. 2017–00310 Filed 1–10–17; 8:45 am]
BILLING CODE 3510–FP–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: Final Affirmative
Determination and Final Determination
of Critical Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) 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. For information on
the estimated subsidy rates, see the
‘‘Suspension of Liquidation’’ section of
this notice.
DATES: Effective January 11, 2017.
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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
The petitioner in this investigation is
Tensar Corporation (‘‘Petitioner’’). In
addition to the Government of China
(‘‘GOC’’), the mandatory respondents in
this investigation are BOSTD
Geosynthetics Qingdao Ltd. and its
crossed-owned company Beijing Orient
Science & Technology Development Co.,
Ltd. (‘‘BOSTD’’), and Taian Modern
Plastic Co., Ltd. (‘‘Taian Modern’’).
The Department published its
Preliminary Determination on June 24,
2016, and its Amended Preliminary
Determination on July 26, 2016.1 A
complete summary of the events that
occurred since the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the ‘‘Countervailing Duty
Investigation of Certain Biaxial Integral
Geogrid Products from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Affirmative
Determination,’’ 2 which is dated
concurrently with and hereby adopted
by this notice. The Issues and Decision
Memorandum is a public document and
is available electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). Access to ACCESS is
available to registered users at https://
access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of
the Department’s main building. In
addition, a complete version of the
Issues and Decision Memorandum can
be viewed at https://
enforcement.trade.gov/frn. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Methodology
The Department conducted this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the ‘‘Act’’). For each of the
subsidy programs found
countervailable, we determine that there
is a subsidy (i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient)
and that the subsidy is specific. For a
full description of the methodology
underlying our preliminary conclusions,
see the Issues and Decisions Memo.
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.
Analysis of Subsidy Programs and
Comments Received
All issues raised in the comments
filed by interested parties to this
proceeding are discussed in the Issues
and Decision Memorandum. A list of
the issues raised by interested parties
and responded to by the Department in
the Issues and Decisions Memo are
attached at Appendix II to this notice.
Use of Adverse Facts Available
For purposes of this final
determination, we relied, in part, on
facts available and, because certain
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.3 A full
discussion of our decision to rely on
adverse facts available is presented in
the ‘‘Use of Facts Otherwise Available
and Adverse Inferences’’ section of the
Issues and Decisions Memo.
Final Determination
In accordance with sections
705(c)(1)(B)(i)(I) and 705(c)(5)(A)(i) of
the Act, we calculated an estimated
countervailable subsidy rate for each
producer/exporter of the subject
merchandise individually investigated.
These rates are:
Company
Subsidy rate
sradovich on DSK3GMQ082PROD with NOTICES
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient Science & Technology Development Co., Ltd .....................................
Taian Modern Plastic Co., Ltd .......................................................................................................................................................
All-Others .......................................................................................................................................................................................
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 Duty Determination, 81 FR 41292
(June 24, 2016) (‘‘Preliminary Determination’’) and
Certain Biaxial Integral Geogrid Products from the
People’s Republic of China: Amended Preliminary
Results of Countervailing Duty Investigation, 81 FR
48384 (July 26, 2016) (‘‘Amended Preliminary
Determination’’).
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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, ‘‘ Countervailing
Duty Investigation of Certain Biaxial Integral
Geogrid Products from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Affirmative Determination,’’ dated
concurrently with this notice (‘‘Issues and
Decisions Memo’’).
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3 See
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sections 776(a) and (b) of the Act.
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56.24
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Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
Company
3283
Subsidy rate
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 * ...........................................................................................................................................................................................
Hengshui Zhongtiejian Group Co * ................................................................................................................................................
Qingdao Sunrise Dageng Import and Export Co., Ltd * ................................................................................................................
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
152.50
* 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 Issus and Decisions Memo.
sradovich on DSK3GMQ082PROD with NOTICES
In accordance with sections
705(c)(5)(A) of the Act, for companies
not investigated, we apply an ‘‘allothers’’ 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
weight-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.
Suspension of Liquidation
As a result of our Preliminary
Determination and pursuant to section
703(d) of the Act, we instructed U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of all entries of
geogrids from the PRC, that were
entered, or withdrawn from warehouse,
for consumption on or after March 26,
2016, for BOSTD and all other
companies, for which we found critical
circumstances exist, and on or after June
24, 2016, the date of the publication of
the Preliminary Determination in the
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19:05 Jan 10, 2017
Jkt 241001
Federal Register, for Taian Modern. In
accordance with section 703(d) of the
Act, we instructed CBP to discontinue
the suspension of liquidation for CVD
purposes for subject merchandise
entered, or withdrawn from warehouse,
on or after October 22, 2016, but to
continue the suspension of liquidation
of all entries from June 24, 2016, or
March 26, 2016, as applicable, through
October 21, 2016.
If the U.S. International Trade
Commission (‘‘ITC’’) issues a final
affirmative injury determination, we
will issue a CVD order and will reinstate
the suspension of liquidation under
section 706(a) of the Act and will
require a cash deposit of estimated
CVDs for such entries of subject
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
not disclose such information, either
publicly or under an administrative
protective order (‘‘APO’’), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance.
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
Dated: January 4, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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Fmt 4703
Sfmt 4703
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties such to an APO of their
responsibility concerning the
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,
alternatively, conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
This determination is published
pursuant to section 705(d) and 777(i) of
the Act.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memo
I. Summary
II. Background
III. Final Determination of Critical
Circumstances, in Part
IV. Scope of the Investigation
E:\FR\FM\11JAN1.SGM
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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
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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
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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 https://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
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]]>Agencies
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3282-3284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00429]
-----------------------------------------------------------------------
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: Final Affirmative
Determination and Final Determination of Critical Circumstances, in
Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') 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. For
information on the estimated subsidy rates, see the ``Suspension of
Liquidation'' section of this notice.
DATES: Effective January 11, 2017.
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:
Background
The petitioner in this investigation is Tensar Corporation
(``Petitioner''). In addition to the Government of China (``GOC''), the
mandatory respondents in this investigation are BOSTD Geosynthetics
Qingdao Ltd. and its crossed-owned company Beijing Orient Science &
Technology Development Co., Ltd. (``BOSTD''), and Taian Modern Plastic
Co., Ltd. (``Taian Modern'').
The Department published its Preliminary Determination on June 24,
2016, and its Amended Preliminary Determination on July 26, 2016.\1\ A
complete summary of the events that occurred since the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the
``Countervailing Duty Investigation of Certain Biaxial Integral Geogrid
Products from the People's Republic of China: Issues and Decision
Memorandum for the Final Affirmative Determination,'' \2\ which is
dated concurrently with and hereby adopted by this notice. The Issues
and Decision Memorandum is a public document and is available
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``ACCESS'').
Access to ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room
B8024 of the Department's main building. In addition, a complete
version of the Issues and Decision Memorandum can be viewed at https://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum
and the electronic version are identical in content.
---------------------------------------------------------------------------
\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 Duty Determination, 81 FR 41292 (June 24, 2016)
(``Preliminary Determination'') and Certain Biaxial Integral Geogrid
Products from the People's Republic of China: Amended Preliminary
Results of Countervailing Duty Investigation, 81 FR 48384 (July 26,
2016) (``Amended Preliminary Determination'').
\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, `` Countervailing Duty Investigation of Certain Biaxial
Integral Geogrid Products from the People's Republic of China:
Issues and Decision Memorandum for the Final Affirmative
Determination,'' dated concurrently with this notice (``Issues and
Decisions Memo'').
---------------------------------------------------------------------------
Methodology
The Department conducted this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the ``Act''). For each of the subsidy programs found
countervailable, we determine that there is a subsidy (i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient) and that the subsidy is specific. For a full
description of the methodology underlying our preliminary conclusions,
see the Issues and Decisions Memo.
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.
Analysis of Subsidy Programs and Comments Received
All issues raised in the comments filed by interested parties to
this proceeding are discussed in the Issues and Decision Memorandum. A
list of the issues raised by interested parties and responded to by the
Department in the Issues and Decisions Memo are attached at Appendix II
to this notice.
Use of Adverse Facts Available
For purposes of this final determination, we relied, in part, on
facts available and, because certain 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.\3\ A full
discussion of our decision to rely on adverse facts available is
presented in the ``Use of Facts Otherwise Available and Adverse
Inferences'' section of the Issues and Decisions Memo.
---------------------------------------------------------------------------
\3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Final Determination
In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A)(i)
of the Act, we calculated an estimated countervailable subsidy rate for
each producer/exporter of the subject merchandise individually
investigated. These rates are:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient 15.61
Science & Technology Development Co., Ltd...........
Taian Modern Plastic Co., Ltd........................ 56.24
All-Others........................................... 35.93
[[Page 3283]]
Chengdu Tian Road Engineering Materials Co., Ltd *... 152.50
Chongqing Jiudi Reinforced Soil Engineering Co., Ltd 152.50
*...................................................
CNBM International Corporation *..................... 152.50
Dezhou Yaohua Geosynthetics Ltd *.................... 152.50
Dezhou Zhengyu Geosynthetics Ltd *................... 152.50
Hongye Engineering Materials Co., Ltd *.............. 152.50
Hubei Nete Geosynthetics Ltd *....................... 152.50
Jiangsu Dingtai Engineering Material Co., Ltd *...... 152.50
Jiangsu Jiuding New Material Ltd *................... 152.50
Lewu New Material Ltd *.............................. 152.50
Nanjing Jinlu Geosynthetics Ltd *.................... 152.50
Nanjing Kunchi Composite Material Ltd *.............. 152.50
Nanyang Jieda Geosynthetics Co., Ltd *............... 152.50
Qingdao Hongda Plastics Corp *....................... 152.50
Shandong Dexuda Geosynthetics Ltd *.................. 152.50
Shandong Haoyang New Engineering Materials Co., Ltd * 152.50
Shandong Tongfa Glass Fiber Ltd *.................... 152.50
Shandong Xinyu Geosynthetics Ltd *................... 152.50
Tai'an Haohua Plastics Co., Ltd *.................... 152.50
Taian Hengbang Engineering Material Co., Ltd *....... 152.50
Taian Naite Geosynthetics Ltd *...................... 152.50
Taian Road Engineering Materials Co., Ltd *.......... 152.50
Tenax *.............................................. 152.50
Hengshui Zhongtiejian Group Co *..................... 152.50
Qingdao Sunrise Dageng Import and Export Co., Ltd *.. 152.50
------------------------------------------------------------------------
* 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 Issus and Decisions Memo.
In accordance with sections 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 weight-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.
Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (``CBP'') to suspend liquidation of all entries of geogrids
from the PRC, that were entered, or withdrawn from warehouse, for
consumption on or after March 26, 2016, for BOSTD and all other
companies, for which we found critical circumstances exist, and on or
after June 24, 2016, the date of the publication of the Preliminary
Determination in the Federal Register, for Taian Modern. In accordance
with section 703(d) of the Act, we instructed CBP to discontinue the
suspension of liquidation for CVD purposes for subject merchandise
entered, or withdrawn from warehouse, on or after October 22, 2016, but
to continue the suspension of liquidation of all entries from June 24,
2016, or March 26, 2016, as applicable, through October 21, 2016.
If the U.S. International Trade Commission (``ITC'') issues a final
affirmative injury determination, we will issue a CVD order and will
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated CVDs for such entries of
subject merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
International Trade Commission Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information relating to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (``APO''), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
such to an APO of their responsibility concerning the 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, alternatively, conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation that is subject to sanction.
This determination is published pursuant to section 705(d) and
777(i) of the Act.
Dated: January 4, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memo
I. Summary
II. Background
III. Final Determination of Critical Circumstances, in Part
IV. Scope of the Investigation
[[Page 3284]]
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 Non-Production 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
Appendix II
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.
[FR Doc. 2017-00429 Filed 1-10-17; 8:45 am]
BILLING CODE 3510-DS-P
