80_FR_62223 80 FR 62024 - Certain Polyethylene Terephthalate Resin From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

80 FR 62024 - Certain Polyethylene Terephthalate Resin From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 199 (October 15, 2015)

Page Range62024-62026
FR Document2015-26264

The Department of Commerce (the Department) preliminarily determines that certain polyethylene terephthalate resin (PET resin) from the People's Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733 of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2014, through December 31, 2014. The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 199 (Thursday, October 15, 2015)
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62024-62026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26264]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-024]


Certain Polyethylene Terephthalate Resin From the People's 
Republic of China: Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination

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

DATES: Effective Date: October 15, 2015.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that certain polyethylene terephthalate resin (PET resin) 
from the People's Republic of China (PRC) is being, or is likely to be, 
sold in the United States at less than fair value (LTFV), as provided 
in section 733 of the Tariff Act of 1930, as amended (the Act). The 
period of investigation (POI) is July 1, 2014, through December 31, 
2014. The estimated margins of sales at LTFV are shown in the 
``Preliminary Determination'' section of this notice. Interested 
parties are invited to comment on this preliminary determination.

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Tyler Weinhold, 
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-
1131 or (202) 482-1121, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on April 6, 2015.\1\ Pursuant to section 733(c)(1)(A) of 
the Act, the Department postponed this preliminary LTFV determination 
by 50 days until October 6, 2015.\2\
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    \1\ See Certain Polyethylene Terephthalate Resin From Canada, 
the People's Republic of China, India, and the Sultanate of Oman: 
Initiation of Less-Than-Fair-Value Investigations, 80 FR 18376 
(April 6, 2015) (Initiation Notice).
    \2\ See Certain Polyethylene Terephthalate Resin from Canada, 
the People's Republic of China, India, and the Sultanate of Oman: 
Postponement of Preliminary Determinations of Antidumping Duty 
Investigations, 80 FR 45640 (July 31, 2015).
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Scope of the Investigation

    The merchandise covered by this investigation is polyethylene 
terephthalate (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.
    For a full description of the scope of this investigation, see the 
Preliminary Decision Memorandum hereby adopted by this notice.\3\ 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 
on the Internet at http://trade.gov/enforcement/frn/. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See ``Decision Memorandum for the Preliminary Determination 
of the Antidumping Duty Investigation of Certain Polyethylene 
Terephthalate Resin from the People's Republic of China from the 
People's Republic of China,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope Comments

    The Initiation Notice provided interested parties an opportunity to 
raise issues regarding product coverage (scope). However, no interested 
party provided scope comments.

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. We calculated export prices and constructed 
export prices in accordance with section 772 of the Act. Because the 
PRC is a non-market economy within the meaning of section 771(18) of 
the Act, normal value (NV) was calculated in accordance with section 
773(c) of the Act. For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum hereby adopted 
by this notice.

Combination Rates

    In the Initiation Notice,\4\ 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.\5\
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    \4\ See Initiation Notice, 80 FR at 18381-82.
    \5\ 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.
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Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist during the period July 1, 2014, 
through December 31, 2014:

[[Page 62025]]



------------------------------------------------------------------------
                                                             Weighted-
            Exporter                     Producer         average margin
                                                             (percent)
------------------------------------------------------------------------
Far Eastern Industries           Far Eastern Industries           125.12
 (Shanghai) Ltd. or Oriental      (Shanghai) Ltd. or
 Industries (Suzhou) Limited.     Oriental Industries
                                  (Suzhou) Limited.
Jiangyin Xingyu New Material     Jiangyin Xingyu New              131.16
 Co., Ltd. or Jiangsu Xingye      Material Co., Ltd. or
 Plastic Co., Ltd. or Jiangyin    Jiangsu Xingye Plastic
 Xingjia Plastic Co., Ltd. or     Co., Ltd. or Jiangyin
 Jiangyin Xingtai New Material    Xingjia Plastic Co.,
 Co., Ltd. or Jiangsu Xingye      Ltd. or Jiangyin
 Polytech Co., Ltd.               Xingtai New Material
                                  Co., Ltd. or Jiangsu
                                  Xingye Polytech Co.,
                                  Ltd.
Dragon Special Resin (XIAMEN)    Hainan Yisheng                   129.42
 Co., Ltd.                        Petrochemical Co., Ltd.
Hainan Yisheng Petrochemical     Zhejiang Wankai New              129.42
 Co., Ltd.                        Materials Co., Ltd.
Shanghai Hengyi Polyester Fiber  Dragon Special Resin             129.42
 Co., Ltd.                        (XIAMEN) Co., Ltd.
Zhejiang Wankai New Materials    Shanghai Hengyi                  129.42
 Co., Ltd.                        Polyester Fiber Co.,
                                  Ltd.
PRC-Wide Entity................  .......................          145.94
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary determination in accordance with 19 CFR 351.224(b). Case 
briefs or other written comments 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\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), 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 document 
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\ Hearing requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues parties intend to 
present at the hearing. 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 time and location to be determined. Prior to the date of 
the hearing, the Department will contact all parties that submitted 
case or rebuttal brief to determine if they wish to participate in the 
hearing. The Department will then distribute a hearing schedule to the 
parties prior to the hearing and only those parties listed on the 
schedule may present issues raised in their briefs.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of PET resin from the PRC, as described in 
the ``Scope of the Investigation'' section, entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register.
    Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to 
require a cash deposit \8\ equal to the weighted-average amount by 
which NV exceeds U.S. price, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through,\9\ as follows: 
(1) The cash deposit rate for the exporter/producer combinations listed 
in the table above will be the rate the Department determines in this 
preliminary determination; (2) for all combinations of PRC exporters/
producers of merchandise under consideration that have not received 
their own separate rate above, the cash-deposit rate will be the cash 
deposit rate established for the PRC-wide entity; and (3) for all non-
PRC exporters of merchandise under consideration which have not 
received their own separate rate above, the cash-deposit rate will be 
the cash deposit rate applicable to the PRC exporter/producer 
combination that supplied that non-PRC exporter.
---------------------------------------------------------------------------

    \8\ 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).
    \9\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department 
calculates the adjustment for export subsidies in investigations not 
in the margin calculation program, but in the cash deposit 
instructions issued to CBP. See, e.g., Notice of Final Determination 
of Sales at Less Than Fair Value, and Negative Determination of 
Critical Circumstances: Certain Lined Paper Products from India, 71 
FR 45012 (August 8, 2006), and accompanying Issues and Decision 
Memorandum at Comment 1.
---------------------------------------------------------------------------

    As stated previously, we will adjust cash deposit rates by the 
amount of export subsidies, where appropriate. In the companion CVD 
investigation, Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye 
Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd., Jiangyin Xingtai 
New Material Co., Ltd., and Jiangsu Xingye Polytech Co., Ltd. 
(collectively ``Xingyu Group'') received a calculated export subsidy 
rate of 0.80 percent, and, thus, we will offset the calculated rate for 
the Xingyu Group by 0.80 percent. Far Eastern Industries (Shanghai) 
Ltd. and Oriental Industries (Suzhou) Limited (collectively ``FEIS 
Group'') was not a mandatory respondent in the companion CVD 
investigation, so we will offset the calculated rate for the FEIS Group 
by 1.83 percent, the average of the export subsidy rates for the two 
mandatory respondents in the companion CVD investigation. Dragon 
Special Resin (XIAMEN) Co., Ltd., one of the separate rate companies, 
was a mandatory respondent in the companion CVD investigation and 
received a calculated export subsidy rate of 2.85 percent, and, thus, 
we will offset the calculated rate for Dragon by 2.85 percent. The 
other separate rate companies were not mandatory respondents in the 
companion CVD investigation, so we will offset the calculated rate for 
each of them by 1.83 percent, the average of the export subsidy rates 
for the two mandatory respondents in the companion CVD investigation. 
Finally, we are adjusting the cash deposit rate for the PRC-wide entity 
by 0.80 percent,

[[Page 62026]]

the lowest adjustment for any party in the companion CVD 
investigation.\10\
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    Pursuant to 777A(f) of the Act, we are also adjusting preliminary 
cash deposit rates for estimated domestic subsidy pass-through, where 
appropriate. We will adjust the Xingyu Group's by 0.91 percent, but we 
are not adjusting the rate for the FEIS Group because it failed to 
justify such an adjustment. We are adjusting the rates for each of the 
other separate rate companies by 1.83 percent. Finally, we are not 
adjusting the PRC-wide entity's rate for estimated domestic subsidy 
pass-through.\11\
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination by the Department, a request for 
such postponement is made by exporters who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination by the Department, a request for 
such postponement is made by the petitioner. 19 CFR 351.210(e)(2) 
requires that requests by respondents for postponement of a final 
antidumping determination be accompanied by a request for extension of 
provisional measures from a four-month period to a period not more than 
six months in duration.
    In a joint letter dated September 30, 2015, Xingyu, Xingye, Dragon, 
Hainan Yisheng Petrochemical Co., Ltd., Zhejiang Wankai New Materials 
Co., Ltd., and Shanghai Hengyi Polyester Fiber Co., Ltd. requested 
that, in the event of an affirmative preliminary determination in this 
investigation, the Department postpone its final determination by 60 
days (i.e., to 135 days after publication of the preliminary 
determination) pursuant to section 735(a)(2)(A) and 19 CFR 
351.210(b)(2)(ii), and agreed to extend the application of the 
provisional measures prescribed under section 733(d) of the Act and 19 
CFR 351.210(e)(2), from a four-month period to a period not to exceed 
six months.\12\ In a letter dated October 2, 2015, FEIS requested the 
same.\13\
---------------------------------------------------------------------------

    \12\ See letter to the Secretary dated September 30, 2015.
    \13\ See letter to the Secretary dated October 2, 2015.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii) and (e)(2), because (1) our preliminary determination 
is affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.\14\
---------------------------------------------------------------------------

    \14\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our affirmative preliminary determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of PET resin from the PRC before the later of 120 
days after the date of this preliminary determination or 45 days after 
our final determination. Because we are postponing the deadline for our 
final determination to 135 days from the date of publication of this 
preliminary determination, as discussed above, the ITC will make its 
final determination no later than 45 days after our final 
determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
    List of Topics Discussed in the Preliminary Decision Memorandum:

Summary
Background
Initiation
Period of Investigation
Postponement of Preliminary and Final Determinations
Scope of the Investigation
Scope Comments
Product Characteristics
Selection of Respondents
Discussion of the Methodology
    Non-Market Economy Country
    Surrogate Country and Surrogate Value Comments
    Separate Rates
    Margin for the Separate Rate Companies
    Combination Rates
    The PRC-wide Entity
    Application of Facts Available and Adverse Inferences
    Affiliation/Single Entity
    Date of Sale
    Fair Value Comparisons
    Export Price
    Value-Added Tax
    Normal Value
    Factor Valuation Methodology
    Comparisons to Normal Value
    Currency Conversion
Verification
Adjustments for Countervailable Subsidies
International Trade Commission Notification
Conclusion

[FR Doc. 2015-26264 Filed 10-14-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                  62024                       Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices

                                                  but will also involve the more complex                  comment on this preliminary                             (ACCESS). ACCESS is available to
                                                  consideration of the provision for less                 determination.                                          registered users at http://
                                                  than adequate remuneration for several                  FOR FURTHER INFORMATION CONTACT:                        access.trade.gov, and is available to all
                                                  inputs. The deadline for completion of                  Steve Bezirganian or Tyler Weinhold,                    parties in the Central Records Unit,
                                                  the preliminary determination is now                    AD/CVD Operations, Office VI,                           room B8024 of the main Department of
                                                  December 18, 2015.                                      Enforcement and Compliance,                             Commerce building. In addition, a
                                                     We also note that, on September 30,                  International Trade Administration,                     complete version of the Preliminary
                                                  2015, the petitioners 2 in this                         U.S. Department of Commerce, 14th                       Decision Memorandum can be accessed
                                                  investigation, requested that the                       Street and Constitution Avenue NW.,                     directly on the Internet at http://
                                                  deadline for the preliminary                            Washington, DC 20230; telephone: (202)                  trade.gov/enforcement/frn/. The signed
                                                  determination be postponed to 130 days                  482–1131 or (202) 482–1121,                             Preliminary Decision Memorandum and
                                                  from the date of initiation in accordance               respectively.                                           the electronic version of the Preliminary
                                                  with 19 CFR 351.205(b)(2).                                                                                      Decision Memorandum are identical in
                                                     This notice is issued and published                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  content.
                                                  pursuant to section 703(c)(2) of the Act                Background
                                                  and 19 CFR 351.205(f)(l).3                                                                                      Scope Comments
                                                                                                             The Department published the notice
                                                    Dated: October 7, 2015.                               of initiation of this investigation on                    The Initiation Notice provided
                                                  Paul Piquado,                                           April 6, 2015.1 Pursuant to section                     interested parties an opportunity to
                                                  Assistant Secretary for Enforcement and                 733(c)(1)(A) of the Act, the Department                 raise issues regarding product coverage
                                                  Compliance.                                             postponed this preliminary LTFV                         (scope). However, no interested party
                                                  [FR Doc. 2015–26274 Filed 10–14–15; 8:45 am]            determination by 50 days until October                  provided scope comments.
                                                  BILLING CODE 3510–DS–P                                  6, 2015.2
                                                                                                                                                                  Methodology
                                                                                                          Scope of the Investigation
                                                  DEPARTMENT OF COMMERCE                                    The merchandise covered by this                         The Department is conducting this
                                                                                                          investigation is polyethylene                           investigation in accordance with section
                                                  International Trade Administration                      terephthalate (PET) resin. The                          731 of the Act. We calculated export
                                                                                                          merchandise subject to this                             prices and constructed export prices in
                                                  [A–570–024]
                                                                                                          investigation is properly classified                    accordance with section 772 of the Act.
                                                  Certain Polyethylene Terephthalate                      under subheading 3907.60.00.30 of the                   Because the PRC is a non-market
                                                  Resin From the People’s Republic of                     Harmonized Tariff Schedule of the                       economy within the meaning of section
                                                  China: Preliminary Determination of                     United States (HTSUS). Although the                     771(18) of the Act, normal value (NV)
                                                  Sales at Less Than Fair Value and                       HTSUS subheading is provided for                        was calculated in accordance with
                                                  Postponement of Final Determination                     convenience and customs purposes, the                   section 773(c) of the Act. For a full
                                                                                                          written description of the merchandise                  description of the methodology
                                                  AGENCY:   Enforcement and Compliance,                                                                           underlying our conclusions, see the
                                                                                                          under investigation is dispositive.
                                                  International Trade Administration,                       For a full description of the scope of                Preliminary Decision Memorandum
                                                  Department of Commerce.                                 this investigation, see the Preliminary                 hereby adopted by this notice.
                                                  DATES: Effective Date: October 15, 2015.                Decision Memorandum hereby adopted
                                                  SUMMARY: The Department of Commerce                                                                             Combination Rates
                                                                                                          by this notice.3 The Preliminary
                                                  (the Department) preliminarily                          Decision Memorandum is a public                           In the Initiation Notice,4 the
                                                  determines that certain polyethylene                    document and is on file electronically                  Department stated that it would
                                                  terephthalate resin (PET resin) from the                via Enforcement and Compliance’s                        calculate combination rates for the
                                                  People’s Republic of China (PRC) is                     Antidumping and Countervailing Duty                     respondents that are eligible for a
                                                  being, or is likely to be, sold in the                  Centralized Electronic Service System                   separate rate in this investigation. Policy
                                                  United States at less than fair value
                                                                                                                                                                  Bulletin 05.1 describes this practice.5
                                                  (LTFV), as provided in section 733 of                      1 See Certain Polyethylene Terephthalate Resin
                                                  the Tariff Act of 1930, as amended (the                 From Canada, the People’s Republic of China,            Preliminary Determination
                                                  Act). The period of investigation (POI)                 India, and the Sultanate of Oman: Initiation of Less-
                                                                                                          Than-Fair-Value Investigations, 80 FR 18376 (April        The Department preliminarily
                                                  is July 1, 2014, through December 31,                   6, 2015) (Initiation Notice).
                                                  2014. The estimated margins of sales at                    2 See Certain Polyethylene Terephthalate Resin
                                                                                                                                                                  determines that the following weighted-
                                                  LTFV are shown in the ‘‘Preliminary                     from Canada, the People’s Republic of China, India,     average dumping margins exist during
                                                  Determination’’ section of this notice.                 and the Sultanate of Oman: Postponement of              the period July 1, 2014, through
                                                  Interested parties are invited to                       Preliminary Determinations of Antidumping Duty          December 31, 2014:
                                                                                                          Investigations, 80 FR 45640 (July 31, 2015).
                                                                                                             3 See ‘‘Decision Memorandum for the Preliminary
                                                                                                                                                                    4 See  Initiation Notice, 80 FR at 18381–82.
                                                    2 The petitioners are Atlas Tube, a division of
                                                                                                          Determination of the Antidumping Duty                     5 See
                                                  JMC Steel Group, Bull Moose Tube Company,                                                                                Enforcement and Compliance’s Policy
                                                                                                          Investigation of Certain Polyethylene Terephthalate
                                                  EXLTUBE, Hannibal Industries, Inc., Independence        Resin from the People’s Republic of China from the      Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                                  Tube Corporation, Maruichi American Corporation,        People’s Republic of China,’’ from Christian Marsh,     Practice and Application of Combination Rates in
                                                  Searing Industries, Southland Tube, and Vest, Inc.      Deputy Assistant Secretary for Antidumping and          Antidumping Investigations involving Non-Market
                                                    3 We acknowledge that the Department                  Countervailing Duty Operations, to Paul Piquado,        Economy Countries,’’ (April 5, 2005) (Policy
                                                  inadvertently did not notify the parties to this        Assistant Secretary for Enforcement and                 Bulletin 05.1), available on the Department’s Web
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  investigation of this postponement within the           Compliance, dated concurrently with this notice         site at http://enforcement.trade.gov/policy/bull05-
                                                  timeframe provided in section 703(c)(2) of the Act.     (Preliminary Decision Memorandum).                      1.pdf.




                                             VerDate Sep<11>2014   17:19 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\15OCN1.SGM      15OCN1


                                                                                     Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices                                                                                           62025

                                                                                                                                                                                                                                                       Weighted-
                                                                                                                                                                                                                                                        average
                                                                                        Exporter                                                                                          Producer                                                       margin
                                                                                                                                                                                                                                                       (percent)

                                                  Far Eastern Industries (Shanghai) Ltd. or Oriental Industries                                Far Eastern Industries (Shanghai) Ltd. or Oriental Industries                                                125.12
                                                     (Suzhou) Limited.                                                                             (Suzhou) Limited.
                                                  Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye                                     Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye                                                     131.16
                                                     Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or                                    Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or
                                                     Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye                                     Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye
                                                     Polytech Co., Ltd.                                                                            Polytech Co., Ltd.
                                                  Dragon Special Resin (XIAMEN) Co., Ltd ..................................                    Hainan Yisheng Petrochemical Co., Ltd ....................................                                   129.42
                                                  Hainan Yisheng Petrochemical Co., Ltd .....................................                  Zhejiang Wankai New Materials Co., Ltd ..................................                                    129.42
                                                  Shanghai Hengyi Polyester Fiber Co., Ltd .................................                   Dragon Special Resin (XIAMEN) Co., Ltd .................................                                     129.42
                                                  Zhejiang Wankai New Materials Co., Ltd ...................................                   Shanghai Hengyi Polyester Fiber Co., Ltd ................................                                    129.42
                                                  PRC-Wide Entity .........................................................................     ....................................................................................................        145.94



                                                  Disclosure and Public Comment                                        case or rebuttal brief to determine if                                       established for the PRC-wide entity; and
                                                     We intend to disclose the calculations                            they wish to participate in the hearing.                                     (3) for all non-PRC exporters of
                                                  performed to parties in this proceeding                              The Department will then distribute a                                        merchandise under consideration which
                                                  within five days after public                                        hearing schedule to the parties prior to                                     have not received their own separate
                                                  announcement of the preliminary                                      the hearing and only those parties listed                                    rate above, the cash-deposit rate will be
                                                  determination in accordance with 19                                  on the schedule may present issues                                           the cash deposit rate applicable to the
                                                  CFR 351.224(b). Case briefs or other                                 raised in their briefs.                                                      PRC exporter/producer combination
                                                  written comments may be submitted to                                 Suspension of Liquidation                                                    that supplied that non-PRC exporter.
                                                  the Assistant Secretary for Enforcement                                                                                                              As stated previously, we will adjust
                                                  and Compliance no later than seven                                     In accordance with section 733(d)(2)
                                                                                                                       of the Act, the Department will instruct                                     cash deposit rates by the amount of
                                                  days after the date on which the final
                                                                                                                       U.S. Customs and Border Protection                                           export subsidies, where appropriate. In
                                                  verification report is issued in this
                                                                                                                       (CBP) to suspend liquidation of all                                          the companion CVD investigation,
                                                  proceeding and rebuttal briefs, limited
                                                  to issues raised in case briefs, may be                              entries of PET resin from the PRC, as                                        Jiangyin Xingyu New Material Co., Ltd.,
                                                  submitted no later than five days after                              described in the ‘‘Scope of the                                              Jiangsu Xingye Plastic Co., Ltd., Jiangyin
                                                  the deadline date for case briefs.6                                  Investigation’’ section, entered, or                                         Xingjia Plastic Co., Ltd., Jiangyin
                                                  Pursuant to 19 CFR 351.309(c)(2) and                                 withdrawn from warehouse, for                                                Xingtai New Material Co., Ltd., and
                                                  (d)(2), parties who submit case briefs or                            consumption on or after the date of                                          Jiangsu Xingye Polytech Co., Ltd.
                                                  rebuttal briefs in this proceeding are                               publication of this notice in the Federal                                    (collectively ‘‘Xingyu Group’’) received
                                                  encouraged to submit with each                                       Register.                                                                    a calculated export subsidy rate of 0.80
                                                  argument: (1) A statement of the issue;                                Pursuant to 19 CFR 351.205(d), the                                         percent, and, thus, we will offset the
                                                  (2) a brief summary of the argument;                                 Department will instruct CBP to require                                      calculated rate for the Xingyu Group by
                                                  and (3) a table of authorities.                                      a cash deposit 8 equal to the weighted-                                      0.80 percent. Far Eastern Industries
                                                     Pursuant to 19 CFR 351.310(c),                                    average amount by which NV exceeds                                           (Shanghai) Ltd. and Oriental Industries
                                                  interested parties who wish to request a                             U.S. price, adjusted where appropriate
                                                                                                                                                                                                    (Suzhou) Limited (collectively ‘‘FEIS
                                                  hearing must submit a written request to                             for export subsidies and estimated
                                                                                                                                                                                                    Group’’) was not a mandatory
                                                  the Assistant Secretary for Enforcement                              domestic subsidy pass-through,9 as
                                                                                                                       follows: (1) The cash deposit rate for the                                   respondent in the companion CVD
                                                  and Compliance, U.S. Department of                                                                                                                investigation, so we will offset the
                                                  Commerce, filed electronically using                                 exporter/producer combinations listed
                                                                                                                       in the table above will be the rate the                                      calculated rate for the FEIS Group by
                                                  ACCESS. An electronically filed                                                                                                                   1.83 percent, the average of the export
                                                  document must be received successfully                               Department determines in this
                                                                                                                       preliminary determination; (2) for all                                       subsidy rates for the two mandatory
                                                  in its entirety by the Department’s
                                                  electronic records system, ACCESS, by                                combinations of PRC exporters/                                               respondents in the companion CVD
                                                  5:00 p.m. Eastern Time, within 30 days                               producers of merchandise under                                               investigation. Dragon Special Resin
                                                  after the date of publication of this                                consideration that have not received                                         (XIAMEN) Co., Ltd., one of the separate
                                                  notice.7 Hearing requests should contain                             their own separate rate above, the cash-                                     rate companies, was a mandatory
                                                  the party’s name, address, and                                       deposit rate will be the cash deposit rate                                   respondent in the companion CVD
                                                  telephone number, the number of                                                                                                                   investigation and received a calculated
                                                  participants, and a list of the issues                                 8 See Modification of Regulations Regarding the
                                                                                                                                                                                                    export subsidy rate of 2.85 percent, and,
                                                                                                                       Practice of Accepting Bonds During the Provisional                           thus, we will offset the calculated rate
                                                  parties intend to present at the hearing.                            Measures Period in Antidumping and
                                                  If a request for a hearing is made, the                              Countervailing Duty Investigations, 76 FR 61042                              for Dragon by 2.85 percent. The other
                                                  Department intends to hold the hearing                               (October 3, 2011).                                                           separate rate companies were not
                                                  at the U.S. Department of Commerce,                                    9 See sections 772(c)(1)(C) and 777A(f) of the Act,
                                                                                                                                                                                                    mandatory respondents in the
                                                                                                                       respectively. Unlike in administrative reviews, the
                                                  14th Street and Constitution Avenue                                  Department calculates the adjustment for export
                                                                                                                                                                                                    companion CVD investigation, so we
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                                                  NW., Washington, DC 20230, at a time                                 subsidies in investigations not in the margin                                will offset the calculated rate for each of
                                                  and location to be determined. Prior to                              calculation program, but in the cash deposit                                 them by 1.83 percent, the average of the
                                                  the date of the hearing, the Department                              instructions issued to CBP. See, e.g., Notice of Final                       export subsidy rates for the two
                                                                                                                       Determination of Sales at Less Than Fair Value,
                                                  will contact all parties that submitted                              and Negative Determination of Critical                                       mandatory respondents in the
                                                                                                                       Circumstances: Certain Lined Paper Products from                             companion CVD investigation. Finally,
                                                     6 See 19 CFR 351.309; see also 19 CFR 351.303
                                                                                                                       India, 71 FR 45012 (August 8, 2006), and                                     we are adjusting the cash deposit rate
                                                  (for general filing requirements).                                   accompanying Issues and Decision Memorandum at
                                                     7 See 19 CFR 351.310(c).                                          Comment 1.
                                                                                                                                                                                                    for the PRC-wide entity by 0.80 percent,



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                                                  62026                        Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices

                                                  the lowest adjustment for any party in                   351.210(b)(2)(ii) and (e)(2), because (1)                Application of Facts Available and
                                                  the companion CVD investigation.10                       our preliminary determination is                            Adverse Inferences
                                                    Pursuant to 777A(f) of the Act, we are                 affirmative; (2) the requesting exporters                Affiliation/Single Entity
                                                  also adjusting preliminary cash deposit                                                                           Date of Sale
                                                                                                           account for a significant proportion of
                                                                                                                                                                    Fair Value Comparisons
                                                  rates for estimated domestic subsidy                     exports of the subject merchandise; and                  Export Price
                                                  pass-through, where appropriate. We                      (3) no compelling reasons for denial                     Value-Added Tax
                                                  will adjust the Xingyu Group’s by 0.91                   exist, we are postponing the final                       Normal Value
                                                  percent, but we are not adjusting the                    determination and extending the                          Factor Valuation Methodology
                                                  rate for the FEIS Group because it failed                provisional measures from a four-month                   Comparisons to Normal Value
                                                  to justify such an adjustment. We are                    period to a period not greater than six                  Currency Conversion
                                                  adjusting the rates for each of the other                months. Accordingly, we will make our                  Verification
                                                  separate rate companies by 1.83 percent.                 final determination no later than 135                  Adjustments for Countervailable Subsidies
                                                  Finally, we are not adjusting the PRC-                                                                          International Trade Commission Notification
                                                                                                           days after the date of publication of this             Conclusion
                                                  wide entity’s rate for estimated domestic                preliminary determination, pursuant to
                                                  subsidy pass-through.11                                                                                         [FR Doc. 2015–26264 Filed 10–14–15; 8:45 am]
                                                                                                           section 735(a)(2) of the Act.14
                                                                                                                                                                  BILLING CODE 3510–DS–P
                                                  Postponement of Final Determination                      International Trade Commission (ITC)
                                                  and Extension of Provisional Measures                    Notification
                                                     Section 735(a)(2) of the Act provides                    In accordance with section 733(f) of                DEPARTMENT OF COMMERCE
                                                  that a final determination may be                        the Act, we will notify the ITC of our
                                                  postponed until not later than 135 days                                                                         International Trade Administration
                                                                                                           affirmative preliminary determination of
                                                  after the date of the publication of the                 sales at LTFV. Because the preliminary                 [C–570–978]
                                                  preliminary determination if, in the                     determination in this proceeding is
                                                  event of an affirmative preliminary                      affirmative, section 735(b)(2) of the Act              Certain High Pressure Steel Cylinders
                                                  determination by the Department, a                       requires that the ITC make its final                   From the People’s Republic of China:
                                                  request for such postponement is made                    determination whether the domestic                     Rescission of Countervailing Duty
                                                  by exporters who account for a                           industry in the United States is                       Administrative Review; 2014
                                                  significant proportion of exports of the                 materially injured, or threatened with
                                                  subject merchandise, or in the event of                                                                         AGENCY:   Enforcement and Compliance,
                                                                                                           material injury, by reason of imports of               International Trade Administration,
                                                  a negative preliminary determination by                  PET resin from the PRC before the later
                                                  the Department, a request for such                                                                              Department of Commerce.
                                                                                                           of 120 days after the date of this                     SUMMARY: The Department of Commerce
                                                  postponement is made by the petitioner.                  preliminary determination or 45 days
                                                  19 CFR 351.210(e)(2) requires that                                                                              (the Department) is rescinding the
                                                                                                           after our final determination. Because                 administrative review of the
                                                  requests by respondents for                              we are postponing the deadline for our
                                                  postponement of a final antidumping                                                                             countervailing duty (CVD) order on
                                                                                                           final determination to 135 days from the               certain high pressure steel cylinders
                                                  determination be accompanied by a                        date of publication of this preliminary
                                                  request for extension of provisional                                                                            (HPSC) from the People’s Republic of
                                                                                                           determination, as discussed above, the                 China (PRC) for the period of review
                                                  measures from a four-month period to a                   ITC will make its final determination no
                                                  period not more than six months in                                                                              (POR) January 1, 2014, through
                                                                                                           later than 45 days after our final                     December 31, 2014, based on the timely
                                                  duration.                                                determination.
                                                     In a joint letter dated September 30,                                                                        withdrawal of the request for review.
                                                                                                              This determination is issued and                    DATES: Effective Date: October 15, 2015.
                                                  2015, Xingyu, Xingye, Dragon, Hainan                     published in accordance with sections
                                                  Yisheng Petrochemical Co., Ltd.,                         733(f) and 777(i)(1) of the Act and 19
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                  Zhejiang Wankai New Materials Co.,                                                                              Mark Kennedy, AD/CVD Operations,
                                                                                                           CFR 351.205(c).
                                                  Ltd., and Shanghai Hengyi Polyester                                                                             Office I, Enforcement and Compliance,
                                                  Fiber Co., Ltd. requested that, in the                     Dated: October 6, 2015.                              International Trade Administration,
                                                  event of an affirmative preliminary                      Paul Piquado,                                          U.S. Department of Commerce, 14th
                                                  determination in this investigation, the                 Assistant Secretary for Enforcement and                Street and Constitution Avenue NW.,
                                                  Department postpone its final                            Compliance.                                            Washington, DC 20230; telephone: (202)
                                                  determination by 60 days (i.e., to 135                     List of Topics Discussed in the                      482–7883.
                                                  days after publication of the preliminary                Preliminary Decision Memorandum:                       SUPPLEMENTARY INFORMATION:
                                                  determination) pursuant to section                       Summary
                                                  735(a)(2)(A) and 19 CFR                                  Background                                             Background
                                                  351.210(b)(2)(ii), and agreed to extend                  Initiation                                               On June 1, 2015, the Department
                                                  the application of the provisional                       Period of Investigation
                                                                                                                                                                  published the notice of opportunity to
                                                                                                           Postponement of Preliminary and Final
                                                  measures prescribed under section                             Determinations                                    request an administrative review of the
                                                  733(d) of the Act and 19 CFR                             Scope of the Investigation                             order on HPSC from PRC for the period
                                                  351.210(e)(2), from a four-month period                  Scope Comments                                         of review January 1, 2014, through
                                                  to a period not to exceed six months.12                  Product Characteristics                                December 31, 2014.1 On June 15, 2015,
                                                  In a letter dated October 2, 2015, FEIS                  Selection of Respondents                               Norris Cylinder Company (Norris)
                                                  requested the same.13                                    Discussion of the Methodology                          requested that the Department conduct
                                                     In accordance with section                              Non-Market Economy Country
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                                                                                                                                                                  an administrative review of Beijing
                                                  735(a)(2)(A) of the Act and 19 CFR                         Surrogate Country and Surrogate Value
                                                                                                                                                                  Tianhai Industry Co., Ltd. (BTIC).2 On
                                                                                                                Comments
                                                    10 See   Preliminary Decision Memorandum.
                                                                                                             Separate Rates                                          1 See Antidumping or Countervailing Duty Order,
                                                    11 Id.                                                   Margin for the Separate Rate Companies
                                                                                                                                                                  Finding, or Suspended Investigation; Opportunity
                                                    12 See letter to the Secretary dated September 30,       Combination Rates                                    to Request Administrative Review, 80 FR 31017
                                                  2015.                                                      The PRC-wide Entity                                  (June 1, 2015).
                                                    13 See letter to the Secretary dated October 2,                                                                  2 See Letter from Norris, ‘‘High Pressure Steel

                                                  2015.                                                      14 See   also 19 CFR 351.210(e).                     Cylinders from the People’s Republic of China



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Document Created: 2018-02-27 08:52:33
Document Modified: 2018-02-27 08:52:33
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: October 15, 2015.
ContactSteve Bezirganian or Tyler Weinhold, 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- 1131 or (202) 482-1121, respectively.
FR Citation80 FR 62024 

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