81_FR_13386 81 FR 13337 - Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From the People's Republic of China: Final Affirmative Determination

81 FR 13337 - Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From the People's Republic of China: Final Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range13337-13340
FR Document2016-05715

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain polyethylene terephthalate (PET) resin from the People's Republic of China (PRC) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13337-13340]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05715]


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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: Final 
Affirmative Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain polyethylene terephthalate (PET) resin from the People's 
Republic of China (PRC) as provided in section 705 of the Tariff Act of 
1930, as amended (the Act). For information on the estimated subsidy 
rates, see the ``Final Determination'' section of this notice. The 
period of investigation is January 1, 2014, through December 31, 2014.

DATES: Effective Date: March 14, 2016.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Emily Maloof, 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) 482-5649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Determination on August 
14, 2015.\1\ A summary of the events that

[[Page 13338]]

occurred since the Department submitted the Preliminary Determination, 
as well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, 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 Issues and Decision Memorandum 
can be accessed directly at http://trade.gov/enforcement. The signed 
Issues and Decision Memorandum and the electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Certain 
Polyethylene Terephthalate Resin From the People's Republic of 
China: Preliminary Affirmative Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 80 FR 48819 
(August 14, 2015) (``Preliminary Determination'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Countervailing Duty Investigation of Certain Polyethylene 
Terephthalate Resin from the People's Republic of China: Issues & 
Decision Memorandum for the Final Determination,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the final determination is now March 4, 2016.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------

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. For a complete 
description of the scope of this investigation, see Appendix II.
    The Department did not receive comments regarding the scope of this 
investigation.

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 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.\4\ For a full 
description of the methodology underlying our conclusions, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix I.

Use of Facts Available, Including Adverse Inferences

    The Department notes that, in making this final determination, we 
relied, in part, on facts available and, because two 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 with 
respect to those respondents.\5\ For further information, see the 
section ``Use of Facts Otherwise Available and Adverse Inferences'' in 
the accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties and minor corrections presented at verification, we made 
certain changes to the respondents' subsidy rate calculations since the 
Preliminary Determination. For a discussion of these changes, see the 
Issues and Decision Memorandum.

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for Jiangyin Xingyu New Material Co., Ltd. (Xingyu) 
and Dragon Special Resin (Xiamen) Co., Ltd. (Dragon), the two 
individually investigated exporters/producers of the subject 
merchandise that participated in this investigation. In accordance with 
sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act, for companies 
not individually investigated, we will determine an ``all-others'' rate 
equal to the weighted-average countervailable subsidy rates established 
for exporters and producers individually investigated, excluding any 
zero and de minimis countervailable subsidy rates, and any rates 
determined entirely under section 776 of the Act. 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. Instead, we have calculated the 
all-others rate using a simple average of the final rates for the two 
mandatory company respondents. We intend to disclose to parties the 
calculations performed in this proceeding within five days of the 
public announcement of this final determination in accordance with 19 
CFR 351.224(b).

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                        (percent)
------------------------------------------------------------------------
Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye              6.83
 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)................

[[Page 13339]]

 
Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu                  47.56
 Petrochemicals Co., Ltd.; Xianglu Petrochemicals
 (Zhangzhou) Co., Ltd.; Xiamen Xianglu Chemical Fiber
 Company Limited; and Dragon Aromatics (Zhangzhou) Co.,
 Ltd. (collectively, Dragon Group)......................
All-Others..............................................           27.20
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    As a result of our affirmative Preliminary Determination, and 
pursuant to section 703(d) of the Act, we instructed U.S. Customs and 
Border Protection (CBP) to suspend liquidation of entries of 
merchandise under consideration from the PRC that were entered or 
withdrawn from warehouse, for consumption, on or after August 14, 2015, 
the date of publication of the Preliminary Determination in the Federal 
Register. In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after December 12, 2015, but to continue the 
suspension of liquidation of all entries from August 14, 2015 through 
December 11, 2015.
    If the U.S. International Trade Commission (the ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order, without the written consent 
of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

     Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
    A. Case History
    B. Period of Investigation
III. Scope of the Investigation
IV. Application of the Countervailing Duty Law to Imports From the 
PRC
V. List of Issues
VI. Subsidies Valuation
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominators
VII. 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. MEG and PTA Benchmarks
    F. Provision of Electricity for LTAR
VIII. Use of Facts Otherwise Available and Adverse Inferences
    Application of Facts Available
    Application of Adverse Facts Available
    Selection of the Adverse Facts Available Rate
    Corroboration of Secondary Information
IX. 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 (VAT) Exemptions on Imported 
Equipment in Encouraged Industries
    5. Provision of Imports for LTAR
    1. Provision of MEG and PTA for LTAR
    2. Provision of Electricity for LTAR
    6. Energy Savings Technology Reform
    7. VAT Refunds for FIEs Purchasing Domestically-Produced 
Equipment ``Other Subsidies'' Reported in Initial Questionnaire 
Response
    8. 2013 Annual Incentive Funds Stable Foreign Trade Policy
    9. Export Credit Insurance
    10. Import/Export Credit Insurance/2013 Foreign Trade Policy 
Award
    11. Transition Gold Support
    12. Overseas Investment Discount (Jiangsu Province DOC)
    13. Energy Saving
    14. Technology Reform Interest Subsidy
    15. 2012 and 2013 Refund of Land Use Tax
    16. Income Tax Deduction for New High-Technology Enterprise 
(HNTE)
    17. Project Subsidy From Haicang Bureau of Science and 
Technology ``Other Subsidies'' Reported by Dragon Group
    1. Other Subsidy: Bounty for Enterprise With Production and 
Sales Growth
    2. Other Subsidy: 2013 Enterprise Financing Subsidy
    B. Programs Preliminary Determined Not To Be Used
    18. International Market Exploration Fund (SME Fund)
    19. City Construction Tax and Education Fees Exemptions for FIEs
    20. Xiamen Municipality Support for Pivotal Manufacturing 
Industries
    21. Xinghuo Development Zone Recycling Economic Construction 
Specialized Fund
    22. Science & Technology Awards
    23. Yangpu Economic Development Zone Preferential Tax Policies
    24. Xinghuo Development Zone Industrial Structural Adjustment 
Fund
    25. VAT Subsidies for FIEs
    26. Provision of Land for LTAR to Enterprises in Xinghuo 
Development Zone, Fengxian District, Shanghai Municipality
    27. Provision of Land for LTAR to Enterprises in Yangpu Economic 
Development Zone, Hainan Province
    28. Allowance for Increased Export
    C. Programs With No Benefit in the POI
    29. GOC and Sub-Central Government Subsidies for the Development 
of Famous Brands and China World Top Brands
    30. Income Tax Deductions for Research and Development Expenses 
Under the Enterprise Income Tax Law
    D. Final AFA Rates Determined for Programs Used by Xingyu
    E. Final AFA Rates Determined for Programs Used by Dragon Group
X. Calculation of the All-Others Rate
XI. Analysis of Comments
XII. Recommendation

Appendix II

    The merchandise covered by this investigation is polyethylene 
terephthalate (PET) resin having an intrinsic viscosity of at least 
0.70, but not more than 0.88, deciliters per gram. The scope 
includes blends of virgin PET resin and recycled PET resin 
containing 50 percent or more virgin PET resin content by weight, 
provided such blends meet the intrinsic viscosity requirements 
above. The scope includes all PET resin meeting the above 
specifications regardless of additives introduced in the 
manufacturing process.
    The merchandise subject to this investigation is properly 
classified under

[[Page 13340]]

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.

[FR Doc. 2016-05715 Filed 3-11-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices                                                     13337

                                                  Decision Memorandum is appended to                      instructions suspending liquidation will              for convenience and customs purposes, the
                                                  the notice.                                             remain in effect until further notice.                written description of the merchandise under
                                                                                                                                                                investigation is dispositive.
                                                  Final Determination Margins                              International Trade Commission
                                                                                                           Notification                                         Appendix II— List of Topics in the
                                                    The Department determines that the                                                                          Issues and Decision Memorandum
                                                  following weighted-average dumping                          In accordance with section 735(d) of
                                                  margins exist for the period January 1,                  the Act, we will notify the U.S.                     I. Summary
                                                  2014, through December 31, 2014:                         International Trade Commission (‘‘ITC’’)             II. Background
                                                                                                                                                                III. Scope of the Investigation
                                                                                                           of our final determination. As our final
                                                                                                Weighted-                                                       IV. Discussion of the Issues:
                                                                                                           determination is affirmative, in                        Comment 1: Sale Type Classification
                                                                                                 average   accordance with section 735(b)(2) of the
                                                        Exporter or producer                    dumping                                                               Export Price or Constructed Export Price
                                                                                                 margin    Act, the ITC will determine within 45                   Comment 2: Indirect Selling Expenses
                                                                                                (percent)  days whether the domestic industry in                      Incurred in the United States
                                                                                                           the United States is materially injured,                Comment 3: Affiliated Party Expenses
                                                  OCTAL SAOC–FZC .................                    7.82 or threatened with material injury, by                  Comment 4: Ministerial Errors
                                                  All-Others ..................................       7.82 reason of imports or sales (or the                      Comment 5: Cost Data Revisions
                                                                                                           likelihood of sales) for importation of              V. Recommendation
                                                  All-Others Rate                                          the subject merchandise. If the ITC                  [FR Doc. 2016–05705 Filed 3–11–16; 8:45 am]
                                                     Section 735(c)(5)(A) of the Act                       determines that such injury exists, the              BILLING CODE 3510–DS–P
                                                  provides that the estimated ‘‘all-others’’ Department will issue an antidumping
                                                  rate shall be an amount equal to the                     duty order directing CBP to assess, upon
                                                  weighted average of the estimated                        further instruction by the Department,               DEPARTMENT OF COMMERCE
                                                  weighted-average dumping margins                         antidumping duties on all imports of the
                                                  established for exporters and producers                  subject merchandise entered, or                      International Trade Administration
                                                  individually investigated, excluding any withdrawn from warehouse, for                                        [C–570–025]
                                                  zero or de minimis margins, and any                      consumption on or after the effective
                                                  margins determined entirely under                        date of the suspension of liquidation.               Countervailing Duty Investigation of
                                                  section 776 of the Act. We based our                                                                          Certain Polyethylene Terephthalate
                                                  calculation of the ‘‘all-others’’ rate on                Return or Destruction of Proprietary
                                                                                                                                                                Resin From the People’s Republic of
                                                  the margin calculated for OCTAL, the                     Information
                                                                                                                                                                China: Final Affirmative Determination
                                                  only mandatory respondent in this                           This notice will serve as a reminder
                                                  investigation.                                           to parties subject to administrative                 AGENCY:  Enforcement and Compliance,
                                                                                                           protective order (‘‘APO’’) of their                  International Trade Administration,
                                                  Disclosure                                                                                                    Department of Commerce.
                                                                                                           responsibility concerning the
                                                     We will disclose to parties in this                   disposition of proprietary information               SUMMARY: The Department of Commerce
                                                  proceeding the calculations performed                    disclosed under APO in accordance                    (the Department) determines that
                                                  for this final determination within five                 with 19 CFR 351.305(a)(3). Timely                    countervailable subsidies are being
                                                  days of the date of public                               written notification of the destruction of           provided to producers and exporters of
                                                  announcement of our final                                APO materials or conversion to judicial              certain polyethylene terephthalate (PET)
                                                  determination, in accordance with 19                     protective order is hereby requested.                resin from the People’s Republic of
                                                  CFR 351.224(b).                                          Failure to comply with the regulations               China (PRC) as provided in section 705
                                                  Continuation of Suspension of                            and the terms of an APO is a                         of the Tariff Act of 1930, as amended
                                                  Liquidation                                              sanctionable violation.                              (the Act). For information on the
                                                                                                              We are issuing and publishing this                estimated subsidy rates, see the ‘‘Final
                                                     Pursuant to section 735(c)(1)(B) of the determination and notice in accordance                             Determination’’ section of this notice.
                                                  Act, the Department will instruct U.S.                   with sections 735(d) and 777(i) of the               The period of investigation is January 1,
                                                  Customs and Border Protection (‘‘CBP’’) Act.                                                                  2014, through December 31, 2014.
                                                  to continue to suspend liquidation of all
                                                  entries of certain PET resin from Oman                      Dated: March 4, 2016.                             DATES: Effective Date: March 14, 2016.
                                                  which were entered, or withdrawn from                    Paul  Piquado,                                       FOR FURTHER INFORMATION CONTACT:
                                                  warehouse, for consumption on or after                   Assistant Secretary for Enforcement and              Yasmin Bordas or Emily Maloof, AD/
                                                  October 15, 2015, the date of                            Compliance.                                          CVD Operations, Office VI, Enforcement
                                                  publication of the Preliminary                           Appendix I—Scope of the Investigation                and Compliance, International Trade
                                                  Determination. We also will instruct                                                                          Administration, U.S. Department of
                                                  CBP to require a cash deposit equal to                      The merchandise covered by this                   Commerce, 14th Street and Constitution
                                                                                                           investigation is polyethylene terephthalate          Avenue NW., Washington, DC 20230;
                                                  the weighted-average amount by which                     (PET) resin having an intrinsic viscosity of at
                                                  normal value exceeds U.S. price, as                                                                           telephone (202) 482–3813 or (202) 482–
                                                                                                           least 0.70, but not more than 0.88, deciliters
                                                  follows: (1) The cash deposit rate for                   per gram. The scope includes blends of virgin
                                                                                                                                                                5649, respectively.
                                                  OCTAL will be equal to the estimated                     PET resin and recycled PET resin containing          SUPPLEMENTARY INFORMATION:
                                                  weighted-average dumping margin                          50 percent or more virgin PET resin content
                                                                                                                                                                Background
                                                  determined in this final determination;                  by weight, provided such blends meet the
                                                  (2) if the exporter is not a firm identified intrinsic viscosity requirements above. The                        The Department published the
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  in this investigation but the producer is, scope includes all PET resin meeting the                           Preliminary Determination on August
                                                  the cash deposit rate will be equal to the above specifications regardless of additives                       14, 2015.1 A summary of the events that
                                                                                                           introduced in the manufacturing process.
                                                  estimated weighted-average dumping                       The merchandise subject to this investigation          1 See Countervailing Duty Investigation of Certain
                                                  margin established for the producer of                   is properly classified under subheading              Polyethylene Terephthalate Resin From the People’s
                                                  the subject merchandise; and (3) the                     3907.60.00.30 of the Harmonized Tariff               Republic of China: Preliminary Affirmative
                                                  cash deposit rate for all other producers Schedule of the United States (HTSUS).                              Determination and Alignment of Final
                                                  or exporters will be 7.82 percent. The                   Although the HTSUS subheading is provided                                                       Continued




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                                                  13338                         Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices

                                                  occurred since the Department                             The Department did not receive                       Co., Ltd. (Xingyu) and Dragon Special
                                                  submitted the Preliminary                               comments regarding the scope of this                   Resin (Xiamen) Co., Ltd. (Dragon), the
                                                  Determination, as well as a full                        investigation.                                         two individually investigated exporters/
                                                  discussion of the issues raised by parties                                                                     producers of the subject merchandise
                                                                                                          Methodology
                                                  for this final determination, may be                                                                           that participated in this investigation. In
                                                  found in the Issues and Decision                           The Department is conducting this                   accordance with sections
                                                  Memorandum.2 The Issues and Decision                    countervailing duty (CVD) investigation
                                                                                                                                                                 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the
                                                  Memorandum is a public document and                     in accordance with section 701 of the
                                                                                                                                                                 Act, for companies not individually
                                                  is on file electronically via Enforcement               Tariff Act of 1930, as amended (the Act).
                                                                                                          For each of the subsidy programs found                 investigated, we will determine an ‘‘all-
                                                  and Compliance’s Antidumping and                                                                               others’’ rate equal to the weighted-
                                                  Countervailing Duty Centralized                         countervailable, we determine that there
                                                                                                          is a subsidy, i.e., a financial                        average countervailable subsidy rates
                                                  Electronic Service System (ACCESS).                                                                            established for exporters and producers
                                                  ACCESS is available to registered users                 contribution by an ‘‘authority’’ that
                                                                                                          gives rise to a benefit to the recipient,              individually investigated, excluding any
                                                  at http://access.trade.gov, and is
                                                                                                          and that the subsidy is specific.4 For a               zero and de minimis countervailable
                                                  available to all parties in the Central
                                                  Records Unit, Room B8024 of the main                    full description of the methodology                    subsidy rates, and any rates determined
                                                  Department of Commerce building. In                     underlying our conclusions, see the                    entirely under section 776 of the Act.
                                                  addition, a complete version of the                     Issues and Decision Memorandum.                        Notwithstanding the language of section
                                                  Issues and Decision Memorandum can                                                                             705(c)(5)(A)(i) of the Act, we have not
                                                                                                          Analysis of Subsidy Programs and
                                                  be accessed directly at http://trade.gov/                                                                      calculated the ‘‘all-others’’ rate by
                                                                                                          Comments Received
                                                  enforcement. The signed Issues and                                                                             weight-averaging the rates of the two
                                                  Decision Memorandum and the                                The subsidy programs under                          individually investigated respondents,
                                                  electronic versions of the Issues and                   investigation and the issues raised in                 because doing so risks disclosure of
                                                  Decision Memorandum are identical in                    the case and rebuttal briefs by parties in             proprietary information. Instead, we
                                                  content.                                                this investigation are discussed in the                have calculated the all-others rate using
                                                                                                          Issues and Decision Memorandum. A                      a simple average of the final rates for the
                                                     As explained in the memorandum                       list of the issues that parties raised, and
                                                  from the Acting Assistant Secretary for                                                                        two mandatory company respondents.
                                                                                                          to which we responded in the Issues
                                                  Enforcement and Compliance, the                                                                                We intend to disclose to parties the
                                                                                                          and Decision Memorandum, is attached
                                                  Department has exercised its discretion                                                                        calculations performed in this
                                                                                                          to this notice at Appendix I.
                                                  to toll all administrative deadlines due                                                                       proceeding within five days of the
                                                  to the recent closure of the Federal                    Use of Facts Available, Including                      public announcement of this final
                                                  Government. All deadlines in this                       Adverse Inferences                                     determination in accordance with 19
                                                  segment of the proceeding have been                       The Department notes that, in making                 CFR 351.224(b).
                                                  extended by four business days. The                     this final determination, we relied, in
                                                  revised deadline for the final                          part, on facts available and, because two                    Exporter/producer               Subsidy rate
                                                  determination is now March 4, 2016.3                    respondents did not act to the best of                                                        (percent)
                                                                                                          their ability to respond to the
                                                  Scope of the Investigation                                                                                     Jiangyin Xingyu New Mate-
                                                                                                          Department’s requests for information,                    rial Co., Ltd., Jiangsu
                                                    The merchandise covered by this                       we drew an adverse inference where                        Xingye Plastic Co., Ltd.,
                                                  investigation is PET resin. The                         appropriate in selecting from among the                   Jiangyin Xingjia Plastic
                                                  merchandise subject to this                             facts otherwise available with respect to                 Co., Ltd., Jiangyin Xingtai
                                                  investigation is properly classified                    those respondents.5 For further                           New Material Co., Ltd.,
                                                  under subheading 3907.60.00.30 of the                   information, see the section ‘‘Use of                     Jiangsu Xingye Polariza-
                                                  Harmonized Tariff Schedule of the                       Facts Otherwise Available and Adverse                     tion Co., Ltd., Jiangsu
                                                                                                          Inferences’’ in the accompanying Issues                   Sanfangxiang Group Co.,
                                                  United States (HTSUS). Although the                                                                               Ltd., Jiangyin Hailun Petro-
                                                  HTSUS subheading is provided for                        and Decision Memorandum.
                                                                                                                                                                    chemicals Co., Ltd.,
                                                  convenience and customs purposes, the                   Changes Since the Preliminary                             Jiangyin Xinlun Chemical
                                                  written description of the merchandise                  Determination                                             Fiber Co., Ltd., Jiangyin
                                                  under investigation is dispositive. For a                                                                         Huasheng Polymer Co.,
                                                  complete description of the scope of this                 Based on our review and analysis of                     Ltd., Jiangsu
                                                  investigation, see Appendix II.                         the comments received from parties and                    SanFangxiang Inter-
                                                                                                          minor corrections presented at                            national Trading Co., Ltd.,
                                                  Determination With Final Antidumping Duty
                                                                                                          verification, we made certain changes to                  Jiangyin HuaYi Polym-
                                                  Determination, 80 FR 48819 (August 14, 2015)            the respondents’ subsidy rate                             erization Co., Ltd.,
                                                  (‘‘Preliminary Determination’’).                        calculations since the Preliminary                        Jiangyin Xingsheng Plastic
                                                     2 See Memorandum from Christian Marsh, Deputy
                                                                                                          Determination. For a discussion of these                  Co., Ltd., Jiangyin Chem-
                                                  Assistant Secretary for Antidumping and                                                                           ical Fiber Co., Ltd.,
                                                                                                          changes, see the Issues and Decision
                                                  Countervailing Duty Operations, to Paul Piquado,                                                                  Jiangyin Huaxing Synthetic
                                                  Assistant Secretary for Enforcement and                 Memorandum.                                               Co., Ltd., Jiangyin Bolun
                                                  Compliance, ‘‘Countervailing Duty Investigation of      Final Determination                                       Chemical Fiber Co., Ltd.,
                                                  Certain Polyethylene Terephthalate Resin from the                                                                 (collectively, Xingyu) .........            6.83
                                                  People’s Republic of China: Issues & Decision              In accordance with section
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Memorandum for the Final Determination,’’ dated         705(c)(1)(B)(i) of the Act, we calculated
                                                  concurrently with this notice (Issues and Decision
                                                  Memorandum).                                            a rate for Jiangyin Xingyu New Material
                                                     3 See Memorandum to the Record from Ron
                                                                                                            4 See sections 771(5)(B) and (D) of the Act
                                                  Lorentzen, Acting Assistant Secretary for
                                                  Enforcement & Compliance, regarding ‘‘Tolling of        regarding financial contribution; section 771(5)(E)
                                                  Administrative Deadlines As a Result of the             of the Act regarding benefit; and section 771(5A) of
                                                  Government Closure During Snowstorm Jonas,’’            the Act regarding specificity.
                                                  dated January 27, 2016.                                   5 See sections 776(a) and (b) of the Act.




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                                                                                        Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices                                               13339

                                                                                              Subsidy rate      publicly or under an administrative                     8. 2013 Annual Incentive Funds Stable
                                                          Exporter/producer                                                                                                Foreign Trade Policy
                                                                                               (percent)        protective order, without the written
                                                                                                                consent of the Assistant Secretary for                  9. Export Credit Insurance
                                                  Dragon Special Resin                                                                                                  10. Import/Export Credit Insurance/2013
                                                                                                                Enforcement and Compliance.
                                                     (Xiamen) Co., Ltd.; Xiang                                                                                             Foreign Trade Policy Award
                                                     Lu Petrochemicals Co.,                                     Notification Regarding Administrative                   11. Transition Gold Support
                                                     Ltd.; Xianglu Petrochemi-                                  Protective Orders                                       12. Overseas Investment Discount (Jiangsu
                                                     cals (Zhangzhou) Co.,                                                                                                 Province DOC)
                                                     Ltd.; Xiamen Xianglu                         This notice serves as the only                                        13. Energy Saving
                                                     Chemical Fiber Company                   reminder to parties subject to an APO of                                  14. Technology Reform Interest Subsidy
                                                     Limited; and Dragon Aro-                 their responsibility concerning the                                       15. 2012 and 2013 Refund of Land Use Tax
                                                     matics (Zhangzhou) Co.,                  disposition of proprietary information                                    16. Income Tax Deduction for New High-
                                                     Ltd. (collectively, Dragon                                                                                            Technology Enterprise (HNTE)
                                                                                              disclosed under APO in accordance
                                                     Group) ...............................
                                                                                        47.56 with 19 CFR 351.305(a)(3). Timely                                         17. Project Subsidy From Haicang Bureau
                                                  All-Others ..............................
                                                                                        27.20 written notification of the return or                                        of Science and Technology ‘‘Other
                                                                                                                                                                           Subsidies’’ Reported by Dragon Group
                                                                                              destruction of APO materials, or                                          1. Other Subsidy: Bounty for Enterprise
                                                  Continuation of Suspension of               conversion to judicial protective order,                                     With Production and Sales Growth
                                                  Liquidation                                 is hereby requested. Failure to comply                                    2. Other Subsidy: 2013 Enterprise
                                                     As a result of our affirmative           with the regulations and terms of an                                         Financing Subsidy
                                                                                              APO is a violation subject to sanction.                                   B. Programs Preliminary Determined Not
                                                  Preliminary Determination, and                                                                                           To Be Used
                                                  pursuant to section 703(d) of the Act,          This determination is issued and                                      18. International Market Exploration Fund
                                                  we instructed U.S. Customs and Border       published pursuant to sections 705(d)                                        (SME Fund)
                                                  Protection (CBP) to suspend liquidation and 777(i) of the Act.                                                        19. City Construction Tax and Education
                                                  of entries of merchandise under                Dated: March 4, 2016.                                                     Fees Exemptions for FIEs
                                                  consideration from the PRC that were                                                                                  20. Xiamen Municipality Support for
                                                                                              Paul Piquado,
                                                  entered or withdrawn from warehouse,                                                                                     Pivotal Manufacturing Industries
                                                                                              Assistant Secretary for Enforcement and                                   21. Xinghuo Development Zone Recycling
                                                  for consumption, on or after August 14,     Compliance.                                                                  Economic Construction Specialized
                                                  2015, the date of publication of the                                                                                     Fund
                                                  Preliminary Determination in the            Appendix I—List of Topics Discussed in
                                                                                                                                                                        22. Science & Technology Awards
                                                  Federal Register. In accordance with        the Issues and Decision Memorandum                                        23. Yangpu Economic Development Zone
                                                  section 703(d) of the Act, we issued        I. Summary                                                                   Preferential Tax Policies
                                                  instructions to CBP to discontinue the      II. Background                                                            24. Xinghuo Development Zone Industrial
                                                  suspension of liquidation for CVD              A. Case History                                                           Structural Adjustment Fund
                                                  purposes for subject merchandise               B. Period of Investigation                                             25. VAT Subsidies for FIEs
                                                  entered, or withdrawn from warehouse, III. Scope of the Investigation                                                 26. Provision of Land for LTAR to
                                                                                              IV. Application of the Countervailing Duty                                   Enterprises in Xinghuo Development
                                                  on or after December 12, 2015, but to
                                                                                                   Law to Imports From the PRC                                             Zone, Fengxian District, Shanghai
                                                  continue the suspension of liquidation                                                                                   Municipality
                                                                                              V. List of Issues
                                                  of all entries from August 14, 2015                                                                                   27. Provision of Land for LTAR to
                                                                                              VI. Subsidies Valuation
                                                  through December 11, 2015.                     A. Allocation Period                                                      Enterprises in Yangpu Economic
                                                     If the U.S. International Trade             B. Attribution of Subsidies                                               Development Zone, Hainan Province
                                                  Commission (the ITC) issues a final            C. Denominators                                                        28. Allowance for Increased Export
                                                  affirmative injury determination, we        VII. Benchmarks and Discount Rates                                        C. Programs With No Benefit in the POI
                                                  will issue a CVD order and will reinstate      A. Short-Term RMB-Denominated Loans                                    29. GOC and Sub-Central Government
                                                                                                 B. Long-Term RMB-Denominated Loans                                        Subsidies for the Development of
                                                  the suspension of liquidation under
                                                                                                 C. Foreign Currency-Denominated Loans                                     Famous Brands and China World Top
                                                  section 706(a) of the Act and will                                                                                       Brands
                                                  require a cash deposit of estimated            D. Discount Rates
                                                                                                 E. MEG and PTA Benchmarks                                              30. Income Tax Deductions for Research
                                                  CVDs for such entries of subject               F. Provision of Electricity for LTAR                                      and Development Expenses Under the
                                                  merchandise in the amounts indicated        VIII. Use of Facts Otherwise Available and                                   Enterprise Income Tax Law
                                                  above. If the ITC determines that                Adverse Inferences                                                   D. Final AFA Rates Determined for
                                                  material injury, or threat of material         Application of Facts Available                                            Programs Used by Xingyu
                                                  injury, does not exist, this proceeding        Application of Adverse Facts Available                                 E. Final AFA Rates Determined for
                                                  will be terminated and all estimated           Selection of the Adverse Facts Available                                  Programs Used by Dragon Group
                                                                                                   Rate                                                               X. Calculation of the All-Others Rate
                                                  duties deposited or securities posted as
                                                                                                 Corroboration of Secondary Information                               XI. Analysis of Comments
                                                  a result of the suspension of liquidation                                                                           XII. Recommendation
                                                  will be refunded or canceled.               IX. Analysis of Programs
                                                                                                                  A. Programs Preliminarily Determined To             Appendix II
                                                  International Trade Commission                                     Be Countervailable
                                                  Notification                                                    1. Policy Loans to the PET Resin Industry             The merchandise covered by this
                                                                                                                  2. Preferential Export Financing                    investigation is polyethylene terephthalate
                                                    In accordance with section 705(d) of                          3. Export Seller’s Credits                          (PET) resin having an intrinsic viscosity of at
                                                  the Act, we will notify the ITC of our                          4. Import Tariff and Value-Added (VAT)              least 0.70, but not more than 0.88, deciliters
                                                  determination. In addition, we are                                 Exemptions on Imported Equipment in              per gram. The scope includes blends of virgin
                                                  making available to the ITC all non-                               Encouraged Industries                            PET resin and recycled PET resin containing
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                                                  privileged and non-proprietary                                  5. Provision of Imports for LTAR                    50 percent or more virgin PET resin content
                                                  information relating to this                                    1. Provision of MEG and PTA for LTAR                by weight, provided such blends meet the
                                                                                                                  2. Provision of Electricity for LTAR                intrinsic viscosity requirements above. The
                                                  investigation. We will allow the ITC                            6. Energy Savings Technology Reform                 scope includes all PET resin meeting the
                                                  access to all privileged and business                           7. VAT Refunds for FIEs Purchasing                  above specifications regardless of additives
                                                  proprietary information in our files,                              Domestically-Produced Equipment                  introduced in the manufacturing process.
                                                  provided the ITC confirms that it will                             ‘‘Other Subsidies’’ Reported in Initial            The merchandise subject to this
                                                  not disclose such information, either                              Questionnaire Response                           investigation is properly classified under



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                                                  13340                         Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices

                                                  subheading 3907.60.00.30 of the Harmonized              Agenda for the MPCCC Meeting                          2. Approval of Agenda
                                                  Tariff Schedule of the United States                                                                          3. Status of the Previous Committee
                                                  (HTSUS). Although the HTSUS subheading                  8:30 a.m.–5 p.m., Wednesday, March 30,
                                                                                                                                                                   Meeting Recommendations
                                                  is provided for convenience and customs                 2016                                                  4. Council Human Dimensions
                                                  purposes, the written description of the                1. Welcome and Introductions                             Activities Update
                                                  merchandise under investigation is
                                                  dispositive.
                                                                                                          2. Approval of Agenda                                 A. 2015 Accomplishments
                                                                                                          3. Overview of Fishery Ecosystem Plans                1. Human Dimensions Elements in
                                                  [FR Doc. 2016–05715 Filed 3–11–16; 8:45 am]
                                                                                                          A. Pelagic FEP Fisheries                                 Stock Assessment and Fishery
                                                  BILLING CODE 3510–DS–P                                  B. Hawai‘i Archipelago and Pacific                       Evaluation (SAFE) Reports
                                                                                                             Remote Island Areas FEP Fisheries                  2. Guam Fishing Conflict Study
                                                                                                          C. Mariana Archipelago FEP Fisheries                  3. Annual Catch Limit Social,
                                                  DEPARTMENT OF COMMERCE                                                                                           Economic, Ecological, Management
                                                                                                          D. American Samoa FEP Fisheries
                                                  National Oceanic and Atmospheric                        E. Ecosystem Components                                  Uncertainty Process
                                                  Administration                                          i. Protected Species                                  B. 2016 Activities
                                                                                                          ii. Fishing Communities                               1. Fishing Community Profiles
                                                  Western Pacific Fishery Management                      iii. Oceanography and Climate Change                  2. SAFE Report Data Gaps
                                                  Council; Public Meetings                                iv. Essential Fish Habitat                            3. Linking up Human Communities
                                                                                                          v. Marine Planning                                       Research Priorities, SAFE Reports,
                                                  AGENCY:  National Marine Fisheries                      4. Overview of 2015 Annual Report                        Fishing Community Profiles
                                                  Service (NMFS), National Oceanic and                       Components                                         C. Current and Upcoming Research
                                                  Atmospheric Administration (NOAA),                      A. Marine Planning Indicators                         5. Fishery Ecosystem Plans Annual/
                                                  Commerce.                                               i. Pelagic                                               SAFE Report Review
                                                                                                          ii. Archipelagic                                      A. Overview
                                                  ACTION:   Notice of public meetings.                                                                          B. Pelagic SAFE Report
                                                                                                          B. Climate Change Indicators
                                                                                                          i. Pelagic                                            C. Archipelagic SAFE Report
                                                  SUMMARY:   The Western Pacific Fishery                                                                        D. Chapter 3—Data Integration
                                                  Management Council (Council) will                       ii. Archipelagic
                                                                                                          5. Public Comment                                     6. Public Comment
                                                  hold meetings of its Marine Planning                                                                          7. Committee Discussion and
                                                  and Climate Change Committee                            6. Discussion
                                                                                                          7. Recommendations                                       Recommendations
                                                  (MPCCC), Social Science Plan                                                                                  8. Other Business and Next Meeting
                                                  Committee (SSPC) and Protected                          8:30 a.m.–5 p.m., Thursday, March 31,
                                                  Species Advisory Committee (PSAC) to                                                                          Agenda for the PSAC Meeting
                                                                                                          2016
                                                  review relevant sections of the draft                                                                         9 a.m.–5 p.m., Thursday, April 7, 2016
                                                                                                          8. Pacific Islands Regional Planning
                                                  2015 annual reports for the Pacific
                                                                                                             Body Update                                        1. Welcome and Introductions
                                                  Pelagic Fishery Ecosystem Plan (Pelagic
                                                                                                          9. Marine Planning and Climate Change                 2. Approval of Agenda
                                                  FEP), American Samoa Archipelago
                                                                                                             Community Workshops                                3. Status of the Second Protected
                                                  FEP, Hawaii FEP, Mariana Archipelago
                                                                                                          A. Overview                                              Species Advisory Committee Meeting
                                                  FEP and Pacific Remote Island Areas
                                                                                                          B. Breakout Planning Sessions                            Recommendations
                                                  (PRIA) FEP and related purposes. The                                                                          4. Fisheries and Protected Species
                                                                                                          i. American Samoa
                                                  committees will also receive updates on                                                                          Management Updates
                                                                                                          ii. Hawaii
                                                  matters related to fishery management                                                                         A. Recent Council Actions
                                                                                                          iii. Guam and Commonwealth of the
                                                  and may make recommendations on                                                                               i. Pelagic fisheries actions
                                                                                                             Northern Mariana Islands (CNMI)
                                                  these topics.                                                                                                 ii. Insular fisheries actions
                                                                                                          A. Planning Session Reports
                                                  DATES: The MPCCC meeting will be held                   i. American Samoa                                     iii. Discussion
                                                  between 8:30 a.m. and 5 p.m. on March                   ii. Hawaii                                            B. Council Protected Species Activities
                                                  30–31, 2016. The SSPC will be held                      iii. Guam and CNMI                                       Update
                                                  between 1 p.m. and 5 p.m. on April 1,                   10. Public Comment                                    C. Endangered Species Act (ESA)
                                                  2016. The PSAC meeting will be held                     11. Discussion                                           Updates
                                                  between 9 a.m. and 5 p.m. on April 7                    12. Recommendations                                   i. Section 7 ESA consultations for
                                                  and 8, 2016. For specific times and                     13. Old Business                                         pelagic and insular fisheries
                                                  agendas, see SUPPLEMENTARY                              A. MPCC Action Plan Update                            ii. ESA listing and other related actions
                                                  INFORMATION.                                            B. Other                                              iii. Discussion
                                                                                                          14. New Business                                      5. FEP Annual Report Review Part I
                                                  ADDRESSES:  The MPCCC, SSPC and                                                                               A. Overview of the Report Structure and
                                                                                                          A. Pacific Islands Regional Action Plan
                                                  PSAC meetings will be held at the                                                                                Process
                                                                                                             for the NOAA Climate Science
                                                  Council office, 1164 Bishop Street, Suite                                                                     B. Overview of the Ecosystem Module
                                                                                                             Strategy
                                                  1400, Honolulu, HI 96813; phone: (808)                                                                        i. Climate, ecosystems and biological
                                                                                                          B. NOAA Marine Fisheries Advisory
                                                  522–8220.                                                                                                        section
                                                                                                             Committee’s Proposed Work Plan
                                                  FOR FURTHER INFORMATION CONTACT:                           Resilience Working Group                           ii. Habitat section
                                                  Kitty M. Simonds, Executive Director,                                                                         iii. Human dimensions section
                                                                                                          C. 2016 Officer Nominations
                                                  phone: (808) 522–8220.                                                                                        iv. Marine planning section
                                                                                                          D. Other
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                                                                                                                                                                C. Longline Fishery Sections
                                                  SUPPLEMENTARY INFORMATION:   Public                     15. Public Comment
                                                                                                                                                                i. Summary of relevant fishery data
                                                  comment periods will be provided                        16. Discussion
                                                                                                                                                                ii. Protected species section
                                                  throughout the agendas. The order in                    17. Recommendations                                   iii. Data analysis and related meetings
                                                  which agenda items are addressed may                    Agenda for the SSPC Meeting                           a. Leatherback interactions in the
                                                  change. The meetings will run as late as                                                                         Hawaii deep-set longline fishery
                                                  necessary to complete scheduled                         1 p.m.–5 p.m., Friday, April 1, 2016                  b. Seabird interactions in the Hawaii
                                                  business.                                               1. Welcome and Introductions                             deep-set longline fishery


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Document Created: 2016-03-12 01:00:26
Document Modified: 2016-03-12 01:00:26
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
ContactYasmin Bordas or Emily Maloof, 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) 482-5649, respectively.
FR Citation81 FR 13337 

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