80_FR_48967 80 FR 48810 - Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination

80 FR 48810 - Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 157 (August 14, 2015)

Page Range48810-48812
FR Document2015-20088

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain polyethylene terephthalate (PET) resin from the People's Republic of China (the PRC). We invite interested parties to comment on this preliminary determination.

Federal Register, Volume 80 Issue 157 (Friday, August 14, 2015) 
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48810-48812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20088]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-025]


Countervailing Duty Investigation of Certain Polyethylene 
Terephthalate Resin From the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain polyethylene terephthalate (PET) 
resin from the People's Republic of China (the PRC). We invite 
interested parties to comment on this preliminary determination.

DATES: Effective Date: August 14, 2015.

FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Ilissa Shefferman, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202.482.3813 
or 202.482.4684, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The merchandise covered by this investigation is PET resin. The 
merchandise subject to this investigation is properly classified under 
subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.\1\
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    \1\ For a complete description of the Scope of the Order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Determination 
in the Countervailing Duty Investigation of Certain Polyethylene 
Terephthalate Resin from the People's Republic of China,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
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Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the Act). For each of the subsidy programs found 
countervailable, we preliminarily 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.\2\ For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://trade.gov/enforcement. The signed Preliminary Decision Memorandum and 
the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \2\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    The Department notes that, in making this preliminary 
determination, we

[[Page 48811]]

relied, in part, on facts available and, because one or more 
respondents did not act to the best of their ability to respond to the 
Department's requests for information, we drew an adverse inference 
where appropriate in selecting from among the facts otherwise 
available.\3\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
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    \3\ See sections 776(a) and (b) of the Act.
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning 
the final CVD determination in this investigation with the final 
determination in the companion antidumping duty (AD) investigation of 
PET resin from the PRC based on a request made by Petitioners.\4\ 
Consequently, the final CVD determination will be issued on the same 
date as the final AD determination, which is currently scheduled to be 
issued no later than December 21, 2015,\5\ unless postponed.
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    \4\ DAK Americas, LLC, M&G Chemicals, and Nan Ya Plastics 
Corporation, America (collectively, Petitioners); see also Letter 
from Petitioners dated, July 31, 2015.
    \5\ We note that the current deadline for the final AD 
determination is December 20, 2015, which is a Sunday. Pursuant to 
Department practice, the signature date will be the next business 
day, which is Monday, December 21, 2015. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
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Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an individual rate for each exporter/producer of the subject 
merchandise individually investigated. We preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                        (percent)
------------------------------------------------------------------------
Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye              4.27
 Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd.,
 Jiangyin Xingtai New Material Co., Ltd., Jiangsu Xingye
 Polarization Co., Ltd., Jiangsu Sanfangxiang Group Co.,
 Ltd., Jiangyin Hailun Petrochemicals Co., Ltd.,
 Jiangyin Xinlun Chemical Fiber Co., Ltd., Jiangyin
 Huasheng Polymer Co., Ltd., Jiangsu SanFangxiang
 International Trading Co., Ltd., Jiangyin HuaYi
 Polymerization Co., Ltd., Jiangyin Xingsheng Plastic
 Co., Ltd., Jiangyin Chemical Fiber Co., Ltd., Jiangyin
 Huaxing Synthetic Co., Ltd., Jiangyin Bolun Chemical
 Fiber Co., Ltd. (collectively, Xingyu).................
Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu                  18.88
 Petrochemicals Co., Ltd.; Xianglu Petrochemicals
 (Zhangzhou) Co., Ltd.; and Xiamen Xianglu Chemical
 Fiber Company Limited (collectively, Dragon)...........
All-Others..............................................           11.58
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
are directing U.S. Customs and Border Protection to suspend liquidation 
of all entries of PET resin from the PRC that are entered, or withdrawn 
from warehouse, for consumption on or after the date of the publication 
of this notice in the Federal Register, and to require a cash deposit 
for such entries of merchandise in the amounts indicated above.
    Sections 703(d) and 705(c)(5)(A) of the Act state that, for 
companies not investigated, we determine an ``all-others rate,'' by 
weighting the subsidy rates of the individual company subsidy rate of 
each of the companies investigated by each company's exports of subject 
merchandise to the United States excluding rates that are zero or de 
minimis or any rates determined entirely on the facts 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 companies' rates.

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

Disclosure and Public Comment

    The Department will disclose calculations performed for this 
preliminary determination to the parties within five days of the date 
of public announcement of this determination in accordance with 19 CFR 
351.224(b). Case briefs or other written comments for all non-scope 
issues may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the final 
verification report is issued in this proceeding, and rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\6\ A table of 
contents, list of authorities used and an executive summary of issues 
should accompany any briefs submitted to the Department. This summary 
should be limited to five pages total, including footnotes.
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    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. An electronically filed request for a hearing must be received 
successfully in its entirety by the Department's electronic records 
system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\7\ Requests should contain the 
party's name, address, and telephone number; the number of 
participants; and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a date and time to be determined. Parties 
will be notified of the date and time of any hearing. The hearing will 
be limited to issues raised in the respective briefs.\8\
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    \7\ See 19 CFR 351.310(c).
    \8\ Id.
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International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. In addition, 
we are making available to the ITC all non-privileged and non-
proprietary 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

[[Page 48812]]

protective order, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
    A. Case History
    B. Period of Investigation
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Application of the Countervailing Duty Law to Imports From the 
PRC
IX. Subsidies Valuation
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominators
X. Benchmarks and Discount Rates
    A. Short-Term RMB-Denominated Loans
    B. Long-Term RMB-Denominated Loans
    C. Foreign Currency-Denominated Loans
    D. Discount Rates
    E. Input Benchmarks
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
    A. Programs Preliminarily Determined To Be Countervailable
    1. Policy Loans to the PET Resin Industry
    2. Preferential Export Financing
    3. Export Seller's Credits
    4. Import Tariff and Value-Added Tax (VAT) Exemptions on 
Imported Equipment in Encouraged Industries
    5. Provision of Inputs for LTAR
    a. Provision of MEG and PTA for LTAR
    b. Provision of Electricity for LTAR
    6. Energy Savings Technology Reform
    7. 2013 Annual Incentive Funds Stable Foreign Trade Policy
    8. Export Credit Insurance
    9. Import/Export Credit Insurance/2013 Foreign Trade Policy 
Award
    10. Transition Gold Support
    11. Overseas Investment Discount (Jiangsu Province DOC)
    12. Energy Saving
    13. Technology Reform Interest Subsidy
    14. 2012 and 2013 Refund of Land Use Tax
    15. Income Tax Deduction for New High-Technology Enterprise 
(HNTE)
    16. Project Subsidy From Haicang Bureau of Science and 
Technology
    17. Other Subsidy: Bounty for Enterprise With Production and 
Sales Growth: 0.02 Percent Ad Valorem
    18. Other Subsidy: 2013 Enterprise Financing Subsidy: 0.02 
Percent Ad Valorem
    19. Other Subsidy: Subsidy Income in the Fourth Quarter of 2013: 
0.01 Percent Ad Valorem
    20. Other Subsidy: Subsidy for Social Security: 0.03 Percent Ad 
Valorem
    21. Other Subsidy: Bounty for Enterprise With Production and 
Sales Growth: 0.01 Percent Ad Valorem
    22. Other Subsidy: 2013 Export Credit Insurance Premium Subsidy: 
0.01 percent Ad Valorem
    23. Other Subsidy: Subsidy for Social Security Premium of 
Employees: 0.01 Percent Ad Valorem
    B. Programs Preliminary Determined Not To Be Used During the POI
    1. International Market Exploration Fund (SME Fund)
    2. City Construction Tax and Education Fees Exemptions for FIEs
    3. Xiamen Municipality Support for Pivotal Manufacturing 
Industries
    4. Xinghuo Development Zone Recycling Economic Construction 
Specialized Fund
    5. Science & Technology Awards
    6. Yangpu Economic Development Zone Preferential Tax Policies
    7. Xinghuo Development Zone Industrial Structural Adjustment 
Fund
    8. Income Tax Credits for Foreign Invested Enterprises (FIEs) 
and Certain
    Domestically-Owned Companies Purchasing Domestically-Produced 
Equipment
    9. VAT Subsidies for FIEs
    10. Provision of Land for LTAR to Enterprises in Xinghuo 
Development Zone, Fengxian District, Shanghai Municipality
    11. Provision of Land for LTAR to Enterprises in Yangpu Economic 
Development Zone, Hainan Province
    C. Programs With No Measurable Benefit
    1. GOC and Sub-Central Government Subsidies for the Development 
of Famous Brands and China World Top Brands
    2. Income Tax Deductions for Research and Development Expenses 
Under the Enterprise Income Tax Law
    3. VAT Refunds for FIEs Purchasing Domestically-Produced 
Equipment
    D. Programs for Which Additional Information Is Needed
    1. Provisions of Land for LTAR to Enterprises in Haicang 
Investment Zone, Xiamen, Fuijian Province
    2. New Subsidy Allegations
    3. Additional Cross-Owned Companies
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion

[FR Doc. 2015-20088 Filed 8-13-15; 8:45 am]
 BILLING CODE 3510-DS-P

48810 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices 2015, Zhongshan Superte Kitchenware PRC. Countervailing duties shall be Administration, U.S. Department of Co., Ltd. (Superte) requested an assessed at rates equal to the cash Commerce, 14th Street and Constitution administrative review of its POR sales.3 deposit of estimated countervailing Avenue NW., Washington, DC 20230; In accordance with 19 CFR duties required at the time of entry, or telephone 202.482.3813 or 351.221(c)(1)(i), the Department withdrawal from warehouse, for 202.482.4684, respectively. published a notice initiating an consumption in accordance with 19 SUPPLEMENTARY INFORMATION: administrative review of Yingao, B&R, CFR 351.212(c)(1)(i). The Department New Shichu, Dongyuan, and Superte on intends to issue appropriate assessment Scope of the Investigation May 26, 2015.4 Yingao, New Shichu and instructions to CBP 15 days after the The merchandise covered by this Dongyuan withdrew their requests for date of publication of this notice of investigation is PET resin. The an administrative review on June 24, rescission of administrative review. merchandise subject to this 2015.5 B&R withdrew its request for an investigation is properly classified Notifications administrative review on July 27, 2015.6 under subheading 3907.60.00.30 of the Superte withdrew its request for This notice serves as a final reminder Harmonized Tariff Schedule of the administrative review on July 28, 2015.7 to parties subject to administrative United States (HTSUS). Although the protective order (APO) of their HTSUS subheading is provided for Rescission of Review responsibility concerning the return or convenience and customs purposes, the Pursuant to 19 CFR 351.213(d)(1), the destruction of proprietary information written description of the merchandise Department will rescind an disclosed under an APO in accordance under investigation is dispositive.1 administrative review, in whole or in with 19 CFR 351.305(a)(3). Timely written notification of the return or Methodology part, if the party or parties that requested a review withdraws the destruction of APO materials, or The Department is conducting this request within 90 days of the conversion to judicial protective order, countervailing duty (CVD) investigation publication date of the notice of is hereby requested. Failure to comply in accordance with section 701 of the initiation of the requested review. As with the regulations and terms of an Tariff Act of 1930, as amended (the Act). noted above, all parties withdrew their APO is a sanctionable violation. For each of the subsidy programs found requests for review within 90 days of This notice is issued and published in countervailable, we preliminarily the publication date of the notice of accordance with sections 751(a)(1) and determine that there is a subsidy, i.e., a initiation. No other parties requested an 777(i)(1) of the Tariff Act of 1930, as financial contribution by an ‘‘authority’’ administrative review of the order. amended, and 19 CFR 351.213(d)(4). that gives rise to a benefit to the Therefore, in accordance with 19 CFR Dated: August 7, 2015. recipient, and that the subsidy is 351.213(d)(1), we are rescinding this specific.2 For a full description of the Christian Marsh, review in its entirety. methodology underlying our Deputy Assistant Secretary for Antidumping preliminary conclusions, see the Assessment and Countervailing Duty Operations. Preliminary Decision Memorandum. [FR Doc. 2015–19981 Filed 8–13–15; 8:45 am] The Department will instruct U.S. The Preliminary Decision Memorandum BILLING CODE 3510–DS–P Customs and Border Protection (CBP) to is a public document and is on file assess countervailing duties on all electronically via Enforcement and appropriate entries of sinks from the Compliance’s Antidumping and DEPARTMENT OF COMMERCE Countervailing Duty Centralized for Administrative Review’’ dated April 28, 2015; International Trade Administration Electronic Service System (ACCESS). letter from B&R, ‘‘Drawn Stainless Steel Sinks from ACCESS is available to registered users the People’s Republic of China: Request for [C–570–025] at http://access.trade.gov, and is Countervailing Duty Administrative Review’’ dated April 28, 2015; letter from New Shichu, ‘‘Drawn available to all parties in the Central Countervailing Duty Investigation of Records Unit, room B8024 of the main Stainless Steel Sinks from the People’s Republic of China: Request for Administrative Review’’ dated Certain Polyethylene Terephthalate Department of Commerce building. In April 28, 2015; letter from Dongyuan, ‘‘Drawn Resin From the People’s Republic of addition, a complete version of the Stainless Steel Sinks from the People’s Republic of China: Preliminary Determination and Preliminary Decision Memorandum can China: Request for Administrative Review’’ dated Alignment of Final Determination With April 28, 2015. be accessed directly at http://trade.gov/ 3 See Letter from Superte, ‘‘Drawn Stainless Steel Final Antidumping Duty Determination enforcement. The signed Preliminary Sinks from China; Administrative Review Request’’ AGENCY: Enforcement and Compliance, Decision Memorandum and the dated April 29, 2015. electronic versions of the Preliminary 4 See Initiation of Antidumping and International Trade Administration, Countervailing Duty Administrative Reviews, 80 FR Department of Commerce. Decision Memorandum are identical in 30041 (May 26, 2015). content. SUMMARY: The Department of Commerce 5 See Letter from Yingao, ‘‘Drawn Stainless Steel The Department notes that, in making Sinks from the People’s Republic of China: (the Department) preliminarily this preliminary determination, we Withdraw Request for Annual Administrative determines that countervailable Review’’ dated June 24, 2015; letter from New subsidies are being provided to 1 For a complete description of the Scope of the Shichu, ‘‘Drawn Stainless Steel Sinks from the producers and exporters of certain Order, see Memorandum from Christian Marsh, People’s Republic of China: Withdraw Request for Annual Administrative Review’’ dated June 24, polyethylene terephthalate (PET) resin Deputy Assistant Secretary for Antidumping and from the People’s Republic of China (the Countervailing Duty Operations, to Ronald K. 2015; letter from Dongyuan, ‘‘Drawn Stainless Steel asabaliauskas on DSK5VPTVN1PROD with NOTICES Lorentzen, Acting Assistant Secretary for Sinks from the People’s Republic of China: PRC). We invite interested parties to Enforcement and Compliance, ‘‘Decision Withdraw Request for Annual Administrative comment on this preliminary Memorandum for the Preliminary Determination in Review’’ dated June 24, 2015. the Countervailing Duty Investigation of Certain 6 See Letter from B&R, ‘‘Drawn Stainless Steel determination. Polyethylene Terephthalate Resin from the People’s Sinks from the People’s Republic of China: DATES: Effective Date: August 14, 2015. Republic of China,’’ dated concurrently with this Withdrawal of Request for Countervailing Duty FOR FURTHER INFORMATION CONTACT: notice (Preliminary Decision Memorandum). Administrative Review’’ dated July 27, 2015. 2 See sections 771(5)(B) and (D) of the Act 7 See Letter from Superte, ‘‘Drawn Stainless Steel Yasmin Nair or Ilissa Shefferman, AD/ regarding financial contribution; section 771(5)(E) Sinks from China: Withdrawal of Administrative CVD Operations, Office VI, Enforcement of the Act regarding benefit; and section 771(5A) of Review Request’’ dated July 28, 2015. and Compliance, International Trade the Act regarding specificity. VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1

Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices 48811 relied, in part, on facts available and, Alignment determination, which is currently because one or more respondents did As noted in the Preliminary Decision scheduled to be issued no later than not act to the best of their ability to Memorandum, in accordance with December 21, 2015,5 unless postponed. respond to the Department’s requests for section 705(a)(1) of the Act and 19 CFR Preliminary Determination and information, we drew an adverse 351.210(b)(4), we are aligning the final Suspension of Liquidation inference where appropriate in selecting CVD determination in this investigation from among the facts otherwise with the final determination in the In accordance with section available.3 For further information, see companion antidumping duty (AD) 703(d)(1)(A)(i) of the Act, we calculated ‘‘Use of Facts Otherwise Available and investigation of PET resin from the PRC an individual rate for each exporter/ Adverse Inferences’’ in the Preliminary based on a request made by Petitioners.4 producer of the subject merchandise Decision Memorandum. Consequently, the final CVD individually investigated. We determination will be issued on the preliminarily determine the same date as the final AD countervailable subsidy rates to be: Subsidy rate Exporter/producer (percent) Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd., Jiangyin Xingtai New Material Co., Ltd., Jiangsu Xingye Polarization Co., Ltd., Jiangsu Sanfangxiang Group Co., Ltd., Jiangyin Hailun Petrochemi- cals Co., Ltd., Jiangyin Xinlun Chemical Fiber Co., Ltd., Jiangyin Huasheng Polymer Co., Ltd., Jiangsu SanFangxiang Inter- national Trading Co., Ltd., Jiangyin HuaYi Polymerization Co., Ltd., Jiangyin Xingsheng Plastic Co., Ltd., Jiangyin Chemical Fiber Co., Ltd., Jiangyin Huaxing Synthetic Co., Ltd., Jiangyin Bolun Chemical Fiber Co., Ltd. (collectively, Xingyu) ................. 4.27 Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu Petrochemicals Co., Ltd.; Xianglu Petrochemicals (Zhangzhou) Co., Ltd.; and Xiamen Xianglu Chemical Fiber Company Limited (collectively, Dragon) ............................................................................... 18.88 All-Others ............................................................................................................................................................................................. 11.58 In accordance with sections Verification electronically filed request for a hearing 703(d)(1)(B) and (d)(2) of the Act, we are As provided in section 782(i)(1) of the must be received successfully in its directing U.S. Customs and Border Act, we intend to verify the information entirety by the Department’s electronic Protection to suspend liquidation of all submitted by the respondents prior to records system, ACCESS, by 5:00 p.m. entries of PET resin from the PRC that making our final determination. Eastern Time, within 30 days after the are entered, or withdrawn from date of publication of this notice.7 warehouse, for consumption on or after Disclosure and Public Comment Requests should contain the party’s the date of the publication of this notice The Department will disclose name, address, and telephone number; in the Federal Register, and to require calculations performed for this the number of participants; and a list of a cash deposit for such entries of preliminary determination to the parties the issues to be discussed. If a request merchandise in the amounts indicated within five days of the date of public for a hearing is made, the Department above. announcement of this determination in intends to hold the hearing at the U.S. accordance with 19 CFR 351.224(b). Department of Commerce, 14th Street Sections 703(d) and 705(c)(5)(A) of and Constitution Avenue NW., Case briefs or other written comments the Act state that, for companies not Washington, DC 20230, at a date and for all non-scope issues may be investigated, we determine an ‘‘all- time to be determined. Parties will be submitted to the Assistant Secretary for others rate,’’ by weighting the subsidy Enforcement and Compliance no later notified of the date and time of any rates of the individual company subsidy than seven days after the date on which hearing. The hearing will be limited to rate of each of the companies the final verification report is issued in issues raised in the respective briefs.8 investigated by each company’s exports this proceeding, and rebuttal briefs, International Trade Commission of subject merchandise to the United limited to issues raised in case briefs, Notification States excluding rates that are zero or de may be submitted no later than five days minimis or any rates determined after the deadline date for case briefs.6 In accordance with section 703(f) of entirely on the facts available. A table of contents, list of authorities the Act, we will notify the International Notwithstanding the language of section used and an executive summary of Trade Commission (ITC) of our 705(c)(5)(A)(i) of the Act, we have not issues should accompany any briefs determination. In addition, we are calculated the ‘‘all-others’’ rate by submitted to the Department. This making available to the ITC all non- weight-averaging the rates of the two summary should be limited to five pages privileged and non-proprietary individually investigated respondents, total, including footnotes. information relating to this because doing so risks disclosure of Interested parties who wish to request investigation. We will allow the ITC proprietary information. Therefore, for a hearing must submit a written request access to all privileged and business the ‘‘all-others’’ rate, we calculated a to the Assistant Secretary for proprietary information in our files, simple average of the two responding Enforcement and Compliance, U.S. provided the ITC confirms that it will asabaliauskas on DSK5VPTVN1PROD with NOTICES companies’ rates. Department of Commerce, filed not disclose such information, either electronically using ACCESS. An publicly or under an administrative 3 See sections 776(a) and (b) of the Act. 5 We note that the current deadline for the final Pursuant to the Tariff Act of 1930, As Amended, 70 4 DAK Americas, LLC, M&G Chemicals, and Nan AD determination is December 20, 2015, which is FR 24533 (May 10, 2005). Ya Plastics Corporation, America (collectively, a Sunday. Pursuant to Department practice, the 6 See 19 CFR 351.309; see also 19 CFR 351.303 signature date will be the next business day, which Petitioners); see also Letter from Petitioners dated, (for general filing requirements). is Monday, December 21, 2015. See Notice of July 31, 2015. Clarification: Application of ‘‘Next Business Day’’ 7 See 19 CFR 351.310(c). Rule for Administrative Determination Deadlines 8 Id. VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1

48812 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices protective order, without the written 18. Other Subsidy: 2013 Enterprise DEPARTMENT OF COMMERCE consent of the Assistant Secretary for Financing Subsidy: 0.02 Percent Ad Enforcement and Compliance. Valorem International Trade Administration In accordance with section 705(b)(2) 19. Other Subsidy: Subsidy Income in the of the Act, if our final determination is Fourth Quarter of 2013: 0.01 Percent Ad [A–570–937; A–570–958; A–570–956; A– affirmative, the ITC will make its final Valorem 570–977; A–570–970; A–570–979; A–570– determination within 45 days after the 20. Other Subsidy: Subsidy for Social 981] Department makes its final Security: 0.03 Percent Ad Valorem determination. 21. Other Subsidy: Bounty for Enterprise Implementation of Determinations This determination is issued and With Production and Sales Growth: 0.01 Under Section 129 of the Uruguay published pursuant to sections 703(f) Percent Ad Valorem Round Agreements Act: Citric Acid and 777(i) of the Act and 19 CFR 22. Other Subsidy: 2013 Export Credit and Citrate Salts From the People’s 351.205(c). Insurance Premium Subsidy: 0.01 Republic of China; Certain Coated percent Ad Valorem Paper Suitable for High-Quality Print Dated: August 7, 2015. 23. Other Subsidy: Subsidy for Social Graphics Using Sheet-Fed Presses Ronald K. Lorentzen, Security Premium of Employees: 0.01 From the People’s Republic of China; Acting Assistant Secretary for Enforcement Percent Ad Valorem and Compliance. Seamless Carbon and Alloy Steel B. Programs Preliminary Determined Not Standard, Line, and Pressure Pipe Appendix—List of Topics Discussed in To Be Used During the POI From the People’s Republic of China; the Preliminary Decision Memorandum 1. International Market Exploration Fund High Pressure Steel Cylinders From (SME Fund) the People’s Republic of China; I. Summary 2. City Construction Tax and Education Multilayered Wood Flooring From the II. Background A. Case History Fees Exemptions for FIEs People’s Republic of China; Certain B. Period of Investigation 3. Xiamen Municipality Support for Pivotal Crystalline Silicon Photovoltaic Cells, III. Scope Comments Manufacturing Industries Whether or Not Assembled Into IV. Scope of the Investigation 4. Xinghuo Development Zone Recycling Modules, From the People’s Republic V. Alignment Economic Construction Specialized of China; Utility Scale Wind Towers VI. Respondent Selection Fund VII. Injury Test From the People’s Republic of China 5. Science & Technology Awards VIII. Application of the Countervailing Duty 6. Yangpu Economic Development Zone Law to Imports From the PRC AGENCY: Enforcement and Compliance, Preferential Tax Policies IX. Subsidies Valuation International Trade Administration, 7. Xinghuo Development Zone Industrial A. Allocation Period Department of Commerce. B. Attribution of Subsidies Structural Adjustment Fund 8. Income Tax Credits for Foreign Invested SUMMARY: On August 4, 2015, the U.S. C. Denominators X. Benchmarks and Discount Rates Enterprises (FIEs) and Certain Trade Representative (USTR) instructed A. Short-Term RMB-Denominated Loans Domestically-Owned Companies the Department of Commerce B. Long-Term RMB-Denominated Loans Purchasing Domestically-Produced (Department) to implement its C. Foreign Currency-Denominated Loans Equipment determinations under section 129 of the D. Discount Rates 9. VAT Subsidies for FIEs Uruguay Round Agreements Act E. Input Benchmarks 10. Provision of Land for LTAR to (URAA) regarding the antidumping duty XI. Use of Facts Otherwise Available and Enterprises in Xinghuo Development (AD) investigations on certain coated Adverse Inferences paper suitable for high-quality print Zone, Fengxian District, Shanghai XII. Analysis of Programs A. Programs Preliminarily Determined To Municipality graphics using sheet-fed presses from Be Countervailable 11. Provision of Land for LTAR to the People’s Republic of China (PRC); 1. Policy Loans to the PET Resin Industry Enterprises in Yangpu Economic seamless carbon and alloy steel 2. Preferential Export Financing Development Zone, Hainan Province standard, line, and pressure pipe from 3. Export Seller’s Credits C. Programs With No Measurable Benefit the PRC; high pressure steel cylinders 4. Import Tariff and Value-Added Tax 1. GOC and Sub-Central Government from the PRC; multilayered wood (VAT) Exemptions on Imported Subsidies for the Development of flooring from the PRC; certain Equipment in Encouraged Industries Famous Brands and China World Top crystalline silicon photovoltaic cells, 5. Provision of Inputs for LTAR Brands a. Provision of MEG and PTA for LTAR whether or not assembled into modules, 2. Income Tax Deductions for Research and from the PRC; and utility scale wind b. Provision of Electricity for LTAR 6. Energy Savings Technology Reform Development Expenses Under the towers from the PRC; and regarding the 7. 2013 Annual Incentive Funds Stable Enterprise Income Tax Law AD administrative review of citric acid Foreign Trade Policy 3. VAT Refunds for FIEs Purchasing and citrate salts from the PRC, which 8. Export Credit Insurance Domestically-Produced Equipment renders them not inconsistent with the 9. Import/Export Credit Insurance/2013 D. Programs for Which Additional World Trade Organization (WTO) Foreign Trade Policy Award Information Is Needed dispute settlement findings in the 10. Transition Gold Support 1. Provisions of Land for LTAR to 11. Overseas Investment Discount (Jiangsu Appellate Body report on United States Enterprises in Haicang Investment Zone, — Countervailing and Anti-dumping Province DOC) Xiamen, Fuijian Province 12. Energy Saving Measures on Certain Products from asabaliauskas on DSK5VPTVN1PROD with NOTICES 2. New Subsidy Allegations China, WT/DS449/AB/R (July 7, 2014), 13. Technology Reform Interest Subsidy 14. 2012 and 2013 Refund of Land Use Tax 3. Additional Cross-Owned Companies and the panel report, as modified by the 15. Income Tax Deduction for New High- XIII. ITC Notification Appellate Body report, WT/DS449/R Technology Enterprise (HNTE) XIV. Disclosure and Public Comment (March 27, 2014), adopted by the WTO 16. Project Subsidy From Haicang Bureau XV. Verification Dispute Settlement Body on July 22, of Science and Technology XVI. Conclusion 17. Other Subsidy: Bounty for Enterprise 2014 (DS 449). The Department issued With Production and Sales Growth: 0.02 [FR Doc. 2015–20088 Filed 8–13–15; 8:45 am] its final determinations in these section Percent Ad Valorem BILLING CODE 3510–DS–P 129 proceedings between July 14, 2015, VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1


Document Created: 2018-02-23 10:59:28
Document Modified: 2018-02-23 10:59:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: August 14, 2015.
ContactYasmin Nair or Ilissa Shefferman, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.3813 or 202.482.4684, respectively.
FR Citation80 FR 48810 
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