81_FR_41414 81 FR 41292 - Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination

81 FR 41292 - Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 122 (June 24, 2016)

Page Range41292-41294
FR Document2016-15007

The Department of Commerce (the ``Department'') preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain biaxial integral geogrid products (``geogrids'') from the People's Republic of China (the ``PRC''). The period of investigation is January 1, 2015, through December 31, 2015. We invite interested parties to comment on this preliminary determination.

Federal Register, Volume 81 Issue 122 (Friday, June 24, 2016)
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41292-41294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15007]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-037]


Countervailing Duty Investigation of Certain Biaxial Integral 
Geogrid Products From the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the ``Department'') preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain biaxial integral geogrid products 
(``geogrids'') from the People's Republic of China (the ``PRC''). The 
period of investigation is January 1, 2015, through December 31, 2015. 
We invite interested parties to comment on this preliminary 
determination.

DATES: Effective Date: June 24, 2016.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Ryan Mullen, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone 202.482.9068 or 202.482.5260, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The products covered by this investigation are geogrids from the 
PRC. For a complete description of the scope of this investigation, see 
Appendix II.

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 a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memo.\1\ The Preliminary Decision Memo is a public document and is on 
file electronically via Enforcement & 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 Memo can be accessed directly on 
the Internet at http://trade.gov/enforcement/frn/index.html. The signed 
Preliminary Decision Memo and the electronic versions of the 
Preliminary Decision Memo are identical in content.
---------------------------------------------------------------------------

    \1\ 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 Biaxial Integral 
Geogrid Products from the People's Republic of China: Decision 
Memorandum for the Preliminary Determination,'' dated concurrently 
with this notice (``Preliminary Decision Memo'').
---------------------------------------------------------------------------

    The Department notes that, in making these findings, we relied, in 
part, on facts available and, because one or more respondents did not 
act to the best of their ability to respond to the Department's 
requests for information, we drew an adverse inference, where 
appropriate, in selecting from among the facts otherwise available.\2\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memo.
---------------------------------------------------------------------------

    \2\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memo, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning 
the final CVD determination in this investigation with the final 
determination in the companion antidumping duty (``AD'') investigation 
of geogrids from the PRC.\3\ Consequently, the final CVD determination 
will be issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than October 31, 2016, unless 
postponed.
---------------------------------------------------------------------------

    \3\ See Certain Biaxial Integral Geogrid Products from the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation, 81 FR 7755 (February 16, 2016).
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

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

------------------------------------------------------------------------
                        Company                           Subsidy rate
------------------------------------------------------------------------
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient                16.60
 Science & Technology Development Co., Ltd............
Taian Modern Plastic Co., Ltd.........................             30.65
All Others............................................             23.63
Chengdu Tian Road Engineering Materials Co., Ltd *....            128.27
Chongqing Jiudi Reinforced Soil Engineering Co., Ltd *            128.27
CNBM International Corporation *......................            128.27
Dezhou Yaohua Geosynthetics Ltd *.....................            128.27
Dezhou Zhengyu Geosynthetics Ltd *....................            128.27

[[Page 41293]]

 
Hongye Engineering Materials Co., Ltd *...............            128.27
Hubei Nete Geosynthetics Ltd *........................            128.27
Jiangsu Dingtai Engineering Material Co., Ltd *.......            128.27
Jiangsu Jiuding New Material Ltd *....................            128.27
Lewu New Material Ltd *...............................            128.27
Nanjing Jinlu Geosynthetics Ltd *.....................            128.27
Nanjing Kunchi Composite Material Ltd *...............            128.27
Nanyang Jieda Geosynthetics Co., Ltd *................            128.27
Qingdao Hongda Plastics Corp *........................            128.27
Shandong Dexuda Geosynthetics Ltd *...................            128.27
Shandong Haoyang New Engineering Materials Co., Ltd *.            128.27
Shandong Tongfa Glass Fiber Ltd *.....................            128.27
Shandong Xinyu Geosynthetics Ltd *....................            128.27
Tai'an Haohua Plastics Co., Ltd *.....................            128.27
Taian Hengbang Engineering Material Co., Ltd *........            128.27
Taian Naite Geosynthetics Ltd *.......................            128.27
Taian Road Engineering Materials Co., Ltd *...........            128.27
Tenax*................................................            128.27
Hengshui Zhongtiejian Group Co *......................            128.27
Qingdao Sunrise Dageng Import and Export Co., Ltd *...            128.27
------------------------------------------------------------------------
* Non-cooperative company to which an adverse facts available rate is
  being applied. See ``Use of Facts Otherwise Available and Adverse
  Inferences'' section in the Preliminary Decision Memorandum.

    In accordance with section 703(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of geogrids 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. Section 703(e)(2) of the Act provides that, given an 
affirmative determination of critical circumstances, any suspension of 
liquidation shall apply to unliquidated entries of merchandise entered, 
or withdrawn from warehouse, for consumption on or after the later of 
(a) the date which is 90 days before the date on which the suspension 
of liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. We preliminarily found 
that critical circumstances exist for imports produced or exported by 
BOSTD Geosynthetics Qingdao Ltd. and the all other companies. 
Therefore, in accordance with section 703(e)(2)(A) of the Act, 
suspension of liquidation of geogrids from the PRC, as described in the 
``Scope of the Investigation'' section, shall apply to unliquidated 
entries of merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date which is 90 days before the 
publication of this notice, the date suspension of liquidation is first 
ordered. Because we preliminarily found critical circumstances do not 
exist for Taian Modern Plastic Co., Ltd., we will begin suspension of 
liquidation for such firms on 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 equal to the amounts 
indicated above.
    In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not investigated, we apply an ``all-others'' rate, which is 
normally calculated by weighting the subsidy rates of the individual 
companies selected as mandatory respondents by those companies' exports 
of the subject merchandise to the United States. Under section 
705(c)(5)(i) of the Act, the all-others rate should exclude zero and de 
minimis rates calculated for the exporters and producers individually 
investigated as well as rates based entirely on facts otherwise 
available. Notwithstanding the language of section 705(c)(5)(A)(i) of 
the Act, we have not calculated the ``all-others'' rate by weighted 
averaging the rates of the two individually investigated respondents, 
because doing so risks disclosure of proprietary information. 
Therefore, for the ``all-others'' rate, we calculated a simple average 
of the two responding firms' rates.

Disclosure and Public Comment

    The Department will disclose calculations performed for this 
preliminary determination to the parties within five days of the date 
of public announcement of this determination in accordance with 19 CFR 
351.224(b). Case briefs or other written comments for all non-scope 
issues may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the final 
verification report is issued in this proceeding, and rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\4\ A table of 
contents, list of authorities used and an executive summary of issues 
should accompany any briefs submitted to the Department. This summary 
should be limited to five pages total, including footnotes.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, 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 Standard Time, 
within 30 days after the date of publication of this notice.\5\ 
Requests should contain the party's name, address, and telephone 
number; the number of participants; and a list of the issues to be 
discussed. If a request for a hearing is made, the Department intends 
to hold the hearing at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a date, time and 
location to be determined. Parties will be notified of the date, time 
and location of any hearing.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

International Trade Commission Notification

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

[[Page 41294]]

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.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: June 17, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memo

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Preliminary Determination of Critical Circumstances
VIII. Injury Test
IX. Application of Countervailing Duty Law to Imports from the PRC
X. Subsidies Valuation
XI. Benchmarks and Interest Rates
XII. Use of Facts Otherwise Available and Adverse Inferences
XIII. Analysis of Programs
XIV. Verification
XV. Conclusion

Appendix II

    The merchandise covered by the investigation is certain biaxial 
integral geogrid products. Biaxial integral geogrid products are a 
polymer grid or mesh material (whether or not finished, slit, cut-
to-length, attached to woven or non-woven fabric or sheet material, 
or packaged) in which four-sided openings in the form of squares, 
rectangles, rhomboids, diamonds, or other four-sided figures 
predominate. The products covered have integral strands that have 
been stretched to induce molecular orientation into the material (as 
evidenced by the strands being thinner toward the middle between the 
junctions than at the junctions themselves) constituting the sides 
of the openings and integral junctions where the strands intersect. 
The scope includes products in which four-sided figures predominate 
whether or not they also contain additional strands intersecting the 
four-sided figures and whether or not the inside corners of the 
four-sided figures are rounded off or not sharp angles. As used 
herein, the term ``integral'' refers to strands and junctions that 
are homogenous with each other. The products covered have a tensile 
strength of greater than 5 kilonewtons per meter (``kN/m'') 
according to American Society for Testing and Materials (``ASTM'') 
Standard Test Method D6637/D6637M in any direction and average 
overall flexural stiffness of more than 100,000 milligram-centimeter 
according to the ASTM D7748/D7748M Standard Test Method for Flexural 
Rigidity of Geogrids, Geotextiles and Related Products, or other 
equivalent test method standards.
    Subject merchandise includes material matching the above 
description that has been finished, packaged, or otherwise further 
processed in a third country, including by trimming, slitting, 
coating, cutting, punching holes, stretching, attaching to woven or 
non-woven fabric or sheet material, or any other finishing, 
packaging, or other further processing that would not otherwise 
remove the merchandise from the scope of the investigation if 
performed in the country of manufacture of the biaxial integral 
geogrid.
    The products subject to the scope are currently classified in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') 
under the following subheading: 3926.90.9995. Subject merchandise 
may also enter under subheadings 3920.20.0050 and 3925.90.0000. The 
HTSUS subheadings set forth above are provided for convenience and 
U.S. Customs purposes only. The written description of the scope is 
dispositive.

[FR Doc. 2016-15007 Filed 6-23-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                41292                                        Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices

                                                collection of information subject to the                                    SUMMARY:   The Department of Commerce                                        accessed directly on the Internet at
                                                requirements of the Paperwork                                               (the ‘‘Department’’) preliminarily                                           http://trade.gov/enforcement/frn/
                                                Reduction Act (PRA) unless that                                             determines that countervailable                                              index.html. The signed Preliminary
                                                collection of information displays a                                        subsidies are being provided to                                              Decision Memo and the electronic
                                                currently valid Office of Management                                        producers and exporters of certain                                           versions of the Preliminary Decision
                                                and Budget (OMB) control number. In                                         biaxial integral geogrid products                                            Memo are identical in content.
                                                accordance with the PRA, 44 U.S.C.,                                         (‘‘geogrids’’) from the People’s Republic
                                                Chapter 45, OMB approved the surveys                                                                                                                       The Department notes that, in making
                                                                                                                            of China (the ‘‘PRC’’). The period of
                                                described in this notice under the                                          investigation is January 1, 2015, through                                    these findings, we relied, in part, on
                                                following OMB control numbers:                                              December 31, 2015. We invite interested                                      facts available and, because one or more
                                                Annual Retail Trade Survey, 0607–0013;                                      parties to comment on this preliminary                                       respondents did not act to the best of
                                                Annual Wholesale Trade Survey, 0607–                                        determination.                                                               their ability to respond to the
                                                0195; Service Annual Survey, 0607–                                                                                                                       Department’s requests for information,
                                                                                                                            DATES: Effective Date: June 24, 2016.
                                                0422; Company Organization Survey,                                                                                                                       we drew an adverse inference, where
                                                                                                                            FOR FURTHER INFORMATION CONTACT: Bob
                                                0607–0444; Annual Survey of                                                                                                                              appropriate, in selecting from among the
                                                                                                                            Palmer or Ryan Mullen, AD/CVD
                                                Manufactures, 0607–0449;                                                                                                                                 facts otherwise available.2 For further
                                                                                                                            Operations, Office V, Enforcement and
                                                Manufacturers’ Unfilled Orders Survey,                                                                                                                   information, see ‘‘Use of Facts
                                                                                                                            Compliance, International Trade
                                                0607–0561; Annual Capital                                                                                                                                Otherwise Available and Adverse
                                                                                                                            Administration, U.S. Department of
                                                Expenditures Survey, 0607–0782;                                                                                                                          Inferences’’ in the Preliminary Decision
                                                Business R&D and Innovation Survey,                                         Commerce, 1401 Constitution Avenue
                                                                                                                            NW., Washington, DC 20230; telephone                                         Memo.
                                                0607–0912; Annual Survey of
                                                Entrepreneurs, 0607–0986; Management                                        202.482.9068 or 202.482.5260,                                                Alignment
                                                and Organizational Practices Survey,                                        respectively.
                                                                                                                                                                                                           As noted in the Preliminary Decision
                                                0607–0963; and, Business &                                                  SUPPLEMENTARY INFORMATION:
                                                Professional Classification Report,                                                                                                                      Memo, in accordance with section
                                                                                                                            Scope of the Investigation                                                   705(a)(1) of the Act and 19 CFR
                                                0607–0189.
                                                  Based upon the foregoing, I have                                            The products covered by this                                               351.210(b)(4), we are aligning the final
                                                directed that the current mandatory                                         investigation are geogrids from the PRC.                                     CVD determination in this investigation
                                                business surveys be conducted for the                                       For a complete description of the scope                                      with the final determination in the
                                                purpose of collecting these data.                                           of this investigation, see Appendix II.                                      companion antidumping duty (‘‘AD’’)
                                                  Dated: June 17, 2016.                                                                                                                                  investigation of geogrids from the PRC.3
                                                                                                                            Methodology
                                                John H. Thompson,                                                                                                                                        Consequently, the final CVD
                                                                                                                               The Department is conducting this                                         determination will be issued on the
                                                Director, Bureau of the Census.
                                                                                                                            countervailing duty (‘‘CVD’’)                                                same date as the final AD
                                                [FR Doc. 2016–14970 Filed 6–23–16; 8:45 am]
                                                                                                                            investigation in accordance with section                                     determination, which is currently
                                                BILLING CODE 3510–07–P                                                      701 of the Tariff Act of 1930, as                                            scheduled to be issued no later than
                                                                                                                            amended (the ‘‘Act’’). For a full                                            October 31, 2016, unless postponed.
                                                                                                                            description of the methodology
                                                DEPARTMENT OF COMMERCE                                                                                                                                   Preliminary Determination and
                                                                                                                            underlying our preliminary conclusions,
                                                International Trade Administration                                          see the Preliminary Decision Memo.1                                          Suspension of Liquidation
                                                                                                                            The Preliminary Decision Memo is a
                                                [C–570–037]                                                                 public document and is on file                                                 In accordance with section
                                                                                                                            electronically via Enforcement &                                             703(d)(1)(A)(i) of the Act, we calculated
                                                Countervailing Duty Investigation of                                                                                                                     an estimated individual countervailable
                                                                                                                            Compliance’s Antidumping and
                                                Certain Biaxial Integral Geogrid                                                                                                                         subsidy rate for each producer/exporter
                                                                                                                            Countervailing Duty Centralized
                                                Products From the People’s Republic                                                                                                                      of the subject merchandise individually
                                                                                                                            Electronic Service System (‘‘ACCESS’’).
                                                of China: Preliminary Determination                                                                                                                      investigated. We preliminarily
                                                                                                                            ACCESS is available to registered users
                                                and Alignment of Final Determination                                                                                                                     determine these rates to be:
                                                                                                                            at http://access.trade.gov, and is
                                                With Final Antidumping Duty
                                                                                                                            available to all parties in the Central
                                                Determination
                                                                                                                            Records Unit, room B8024 of the main
                                                AGENCY:  Enforcement and Compliance,                                        Department of Commerce building. In
                                                International Trade Administration,                                         addition, a complete version of the
                                                Department of Commerce.                                                     Preliminary Decision Memo can be

                                                                                                                                          Company                                                                                                      Subsidy rate

                                                BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient Science & Technology Development Co., Ltd .......................................                                                                          16.60
                                                Taian Modern Plastic Co., Ltd .........................................................................................................................................................                        30.65
                                                All Others .........................................................................................................................................................................................           23.63
                                                Chengdu Tian Road Engineering Materials Co., Ltd * ....................................................................................................................                                       128.27
                                                Chongqing Jiudi Reinforced Soil Engineering Co., Ltd * .................................................................................................................                                      128.27
                                                CNBM International Corporation * ...................................................................................................................................................                          128.27
sradovich on DSK3GDR082PROD with NOTICES




                                                Dezhou Yaohua Geosynthetics Ltd * ...............................................................................................................................................                             128.27
                                                Dezhou Zhengyu Geosynthetics Ltd * .............................................................................................................................................                              128.27

                                                  1 See Memorandum from Christian Marsh, Deputy                             Certain Biaxial Integral Geogrid Products from the                              2 See
                                                                                                                                                                                                                sections 776(a) and (b) of the Act.
                                                Assistant Secretary for Antidumping and                                     People’s Republic of China: Decision Memorandum                                 3 See
                                                                                                                                                                                                                Certain Biaxial Integral Geogrid Products
                                                Countervailing Duty Operations, to Paul Piquado,                            for the Preliminary Determination,’’ dated                                   from the People’s Republic of China: Initiation of
                                                Assistant Secretary for Enforcement and                                     concurrently with this notice (‘‘Preliminary                                 Less-Than-Fair-Value Investigation, 81 FR 7755
                                                Compliance, ‘‘Countervailing Duty Investigation of                          Decision Memo’’).                                                            (February 16, 2016).



                                           VerDate Sep<11>2014         17:43 Jun 23, 2016          Jkt 238001       PO 00000       Frm 00006        Fmt 4703       Sfmt 4703       E:\FR\FM\24JNN1.SGM              24JNN1


                                                                                             Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices                                                                                            41293

                                                                                                                                          Company                                                                                                       Subsidy rate

                                                Hongye Engineering Materials Co., Ltd * ........................................................................................................................................                               128.27
                                                Hubei Nete Geosynthetics Ltd * .......................................................................................................................................................                         128.27
                                                Jiangsu Dingtai Engineering Material Co., Ltd * ..............................................................................................................................                                 128.27
                                                Jiangsu Jiuding New Material Ltd * .................................................................................................................................................                           128.27
                                                Lewu New Material Ltd * ..................................................................................................................................................................                     128.27
                                                Nanjing Jinlu Geosynthetics Ltd * ....................................................................................................................................................                         128.27
                                                Nanjing Kunchi Composite Material Ltd * ........................................................................................................................................                               128.27
                                                Nanyang Jieda Geosynthetics Co., Ltd * .........................................................................................................................................                               128.27
                                                Qingdao Hongda Plastics Corp * .....................................................................................................................................................                           128.27
                                                Shandong Dexuda Geosynthetics Ltd * ...........................................................................................................................................                                128.27
                                                Shandong Haoyang New Engineering Materials Co., Ltd * ............................................................................................................                                             128.27
                                                Shandong Tongfa Glass Fiber Ltd * ................................................................................................................................................                             128.27
                                                Shandong Xinyu Geosynthetics Ltd * ..............................................................................................................................................                              128.27
                                                Tai’an Haohua Plastics Co., Ltd * ....................................................................................................................................................                         128.27
                                                Taian Hengbang Engineering Material Co., Ltd * ............................................................................................................................                                    128.27
                                                Taian Naite Geosynthetics Ltd * ......................................................................................................................................................                         128.27
                                                Taian Road Engineering Materials Co., Ltd * ..................................................................................................................................                                 128.27
                                                Tenax* ..............................................................................................................................................................................................          128.27
                                                Hengshui Zhongtiejian Group Co * ..................................................................................................................................................                            128.27
                                                Qingdao Sunrise Dageng Import and Export Co., Ltd * ..................................................................................................................                                         128.27
                                                  * Non-cooperative company to which an adverse facts available rate is being applied. See ‘‘Use of Facts Otherwise Available and Adverse In-
                                                ferences’’ section in the Preliminary Decision Memorandum.


                                                   In accordance with section 703(d)(2)                                      a cash deposit equal to the amounts                                          after the deadline date for case briefs.4
                                                of the Act, we will direct U.S. Customs                                      indicated above.                                                             A table of contents, list of authorities
                                                and Border Protection (‘‘CBP’’) to                                              In accordance with sections 703(d)                                        used and an executive summary of
                                                suspend liquidation of all entries of                                        and 705(c)(5)(A) of the Act, for                                             issues should accompany any briefs
                                                geogrids from the PRC as described in                                        companies not investigated, we apply                                         submitted to the Department. This
                                                the scope of the investigation section                                       an ‘‘all-others’’ rate, which is normally                                    summary should be limited to five pages
                                                entered, or withdrawn from warehouse,                                        calculated by weighting the subsidy                                          total, including footnotes.
                                                for consumption on or after the date of                                      rates of the individual companies                                               Interested parties who wish to request
                                                publication of this notice in the Federal                                    selected as mandatory respondents by                                         a hearing, or to participate if one is
                                                Register. Section 703(e)(2) of the Act                                       those companies’ exports of the subject                                      requested, must submit a written
                                                provides that, given an affirmative                                          merchandise to the United States. Under                                      request to the Assistant Secretary for
                                                determination of critical circumstances,                                     section 705(c)(5)(i) of the Act, the all-                                    Enforcement and Compliance, U.S.
                                                any suspension of liquidation shall                                          others rate should exclude zero and de                                       Department of Commerce, filed
                                                apply to unliquidated entries of                                             minimis rates calculated for the                                             electronically using ACCESS. An
                                                merchandise entered, or withdrawn                                            exporters and producers individually                                         electronically filed document must be
                                                from warehouse, for consumption on or                                        investigated as well as rates based                                          received successfully in its entirety by
                                                after the later of (a) the date which is 90                                  entirely on facts otherwise available.                                       the Department’s electronic records
                                                days before the date on which the                                            Notwithstanding the language of section                                      system, ACCESS, by 5:00 p.m. Eastern
                                                suspension of liquidation was first                                          705(c)(5)(A)(i) of the Act, we have not                                      Standard Time, within 30 days after the
                                                ordered, or (b) the date on which notice                                     calculated the ‘‘all-others’’ rate by                                        date of publication of this notice.5
                                                of initiation of the investigation was                                       weighted averaging the rates of the two                                      Requests should contain the party’s
                                                published. We preliminarily found that                                       individually investigated respondents,                                       name, address, and telephone number;
                                                critical circumstances exist for imports                                     because doing so risks disclosure of                                         the number of participants; and a list of
                                                produced or exported by BOSTD                                                proprietary information. Therefore, for                                      the issues to be discussed. If a request
                                                Geosynthetics Qingdao Ltd. and the all                                       the ‘‘all-others’’ rate, we calculated a                                     for a hearing is made, the Department
                                                other companies. Therefore, in                                               simple average of the two responding                                         intends to hold the hearing at the U.S.
                                                accordance with section 703(e)(2)(A) of                                      firms’ rates.                                                                Department of Commerce, 14th Street
                                                the Act, suspension of liquidation of                                                                                                                     and Constitution Avenue NW.,
                                                                                                                             Disclosure and Public Comment                                                Washington, DC 20230, at a date, time
                                                geogrids from the PRC, as described in
                                                the ‘‘Scope of the Investigation’’ section,                                    The Department will disclose                                               and location to be determined. Parties
                                                shall apply to unliquidated entries of                                       calculations performed for this                                              will be notified of the date, time and
                                                merchandise entered, or withdrawn                                            preliminary determination to the parties                                     location of any hearing.
                                                from warehouse, for consumption on or                                        within five days of the date of public                                       International Trade Commission
                                                after the date which is 90 days before                                       announcement of this determination in                                        Notification
                                                the publication of this notice, the date                                     accordance with 19 CFR 351.224(b).
                                                                                                                             Case briefs or other written comments                                          In accordance with section 703(f) of
                                                suspension of liquidation is first                                                                                                                        the Act, we will notify the International
                                                ordered. Because we preliminarily                                            for all non-scope issues may be
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                                                                                                                             submitted to the Assistant Secretary for                                     Trade Commission (‘‘ITC’’) of our
                                                found critical circumstances do not                                                                                                                       determination. In addition, we are
                                                exist for Taian Modern Plastic Co., Ltd.,                                    Enforcement and Compliance no later
                                                                                                                             than seven days after the date on which                                      making available to the ITC all non-
                                                we will begin suspension of liquidation                                                                                                                   privileged and non-proprietary
                                                for such firms on the date of publication                                    the final verification report is issued in
                                                of this notice in the Federal Register.                                      this proceeding, and rebuttal briefs,                                           4 See 19 CFR 351.309; see also 19 CFR 351.303
                                                Pursuant to 19 CFR 351.205(d), the                                           limited to issues raised in case briefs,                                     (for general filing requirements).
                                                Department will instruct CBP to require                                      may be submitted no later than five days                                        5 See 19 CFR 351.310(c).




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                                                41294                           Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices

                                                information relating to this                            refers to strands and junctions that are               Administration, U.S. Department of
                                                investigation. We will allow the ITC                    homogenous with each other. The products               Commerce, 1401 Constitution Avenue
                                                access to all privileged and business                   covered have a tensile strength of greater             NW., Washington, DC 20230; telephone:
                                                                                                        than 5 kilonewtons per meter (‘‘kN/m’’)
                                                proprietary information in our files,                                                                          (202) 482–3683 or (202) 482–1690,
                                                                                                        according to American Society for Testing
                                                provided the ITC confirms that it will                  and Materials (‘‘ASTM’’) Standard Test                 respectively.
                                                not disclose such information, either                   Method D6637/D6637M in any direction and               SUPPLEMENTARY INFORMATION:
                                                publicly or under an administrative                     average overall flexural stiffness of more than
                                                protective order, without the written                   100,000 milligram-centimeter according to              Scope of the Order
                                                consent of the Assistant Secretary for                  the ASTM D7748/D7748M Standard Test                       The merchandise subject to the order
                                                Enforcement and Compliance.                             Method for Flexural Rigidity of Geogrids,
                                                                                                        Geotextiles and Related Products, or other             is PRCBs. The product is currently
                                                   In accordance with section 705(b)(2)                                                                        classified under the Harmonized Tariff
                                                of the Act, if our final determination is               equivalent test method standards.
                                                                                                           Subject merchandise includes material               Schedules of the United States (HTSUS)
                                                affirmative, the ITC will make its final                matching the above description that has been           item number 3923.21.0085. While the
                                                determination within 45 days after the                  finished, packaged, or otherwise further               HTSUS subheading is provided for
                                                Department makes its final                              processed in a third country, including by             convenience and customs purposes, the
                                                determination.                                          trimming, slitting, coating, cutting, punching         written description is dispositive. A full
                                                   This determination is issued and                     holes, stretching, attaching to woven or non-          description of the scope of the order is
                                                published pursuant to sections 703(f)                   woven fabric or sheet material, or any other
                                                                                                        finishing, packaging, or other further                 contained in the Preliminary Decision
                                                and 777(i) of the Act and 19 CFR                                                                               Memorandum.1
                                                351.205(c).                                             processing that would not otherwise remove
                                                                                                        the merchandise from the scope of the                  Bona Fides Analysis
                                                  Dated: June 17, 2016.                                 investigation if performed in the country of
                                                Paul Piquado,                                           manufacture of the biaxial integral geogrid.             We have analyzed the information
                                                Assistant Secretary for Enforcement and                    The products subject to the scope are               provided by Euro SME in this POR to
                                                Compliance.                                             currently classified in the Harmonized Tariff          determine whether the company’s sale
                                                                                                        Schedule of the United States (‘‘HTSUS’’)              under review was made in a bona fide
                                                Appendix I                                              under the following subheading:                        manner and, as such, should be
                                                                                                        3926.90.9995. Subject merchandise may also
                                                List of Topics Discussed in the Preliminary             enter under subheadings 3920.20.0050 and               reviewed under the administrative
                                                Decision Memo                                           3925.90.0000. The HTSUS subheadings set                review provisions of the regulations. See
                                                I. Summary                                              forth above are provided for convenience and           section 751(a)(2)(B) of the Tariff Act of
                                                II. Background                                          U.S. Customs purposes only. The written                1930, as amended (the Act), and 19 CFR
                                                III. Scope Comments                                     description of the scope is dispositive.               351.213. Where a review is based on a
                                                IV. Scope of the Investigation                          [FR Doc. 2016–15007 Filed 6–23–16; 8:45 am]            single sale, exclusion of that sale as non-
                                                V. Alignment                                                                                                   bona fide necessarily must end the
                                                                                                        BILLING CODE 3510–DS–P
                                                VI. Respondent Selection                                                                                       review.2 Accordingly, as discussed in
                                                VII. Preliminary Determination of Critical
                                                      Circumstances
                                                                                                                                                               Euro SME’s Bona Fides Memorandum,
                                                VIII. Injury Test                                       DEPARTMENT OF COMMERCE                                 we preliminarily find Euro SME’s sale
                                                IX. Application of Countervailing Duty Law                                                                     to be bona fide and determine to
                                                      to Imports from the PRC                           International Trade Administration                     continue conducting this administrative
                                                X. Subsidies Valuation                                  [A–557–813]                                            review.3
                                                XI. Benchmarks and Interest Rates
                                                XII. Use of Facts Otherwise Available and                                                                      Methodology
                                                                                                        Polyethylene Retail Carrier Bags From
                                                      Adverse Inferences                                                                                         The Department conducted this
                                                                                                        Malaysia: Preliminary Results of
                                                XIII. Analysis of Programs                                                                                     review in accordance with section
                                                XIV. Verification                                       Antidumping Duty Administrative
                                                                                                        Review; 2014–2015                                      751(a)(2) of the Tariff Act of 1930, as
                                                XV. Conclusion
                                                                                                                                                               amended (the Act). Export price is
                                                Appendix II                                             AGENCY:  Enforcement and Compliance,                   calculated in accordance with section
                                                                                                        International Trade Administration,
                                                   The merchandise covered by the                       Department of Commerce.                                   1 See memorandum from Christian Marsh, Deputy
                                                investigation is certain biaxial integral                                                                      Assistant Secretary for Antidumping and
                                                geogrid products. Biaxial integral geogrid              SUMMARY: The Department of Commerce
                                                                                                                                                               Countervailing Duty Operations, to Paul Piquado,
                                                products are a polymer grid or mesh material            (the Department) is conducting an                      Assistant Secretary for Enforcement and
                                                (whether or not finished, slit, cut-to-length,          administrative review of the                           Compliance, ‘‘Decision Memorandum for
                                                attached to woven or non-woven fabric or                antidumping duty order on                              Preliminary Results of Antidumping Duty
                                                sheet material, or packaged) in which four-             polyethylene retail carrier bags (PRCBs)               Administrative Review: Polyethylene Retail Carrier
                                                sided openings in the form of squares,                                                                         Bags from Malaysia’’ dated concurrently with this
                                                                                                        from Malaysia. The period of review                    notice (Preliminary Decision Memorandum), which
                                                rectangles, rhomboids, diamonds, or other               (POR) is August 1, 2014, through July                  is hereby adopted by this notice.
                                                four-sided figures predominate. The products            31, 2015. The review covers one                           2 See Tianjin Tiancheng Pharm. Co., Ltd. v.
                                                covered have integral strands that have been
                                                stretched to induce molecular orientation
                                                                                                        producer/exporter of the subject                       United States, 366 F. Supp. 2d 1249 (CIT 2005)
                                                                                                        merchandise, Euro SME Sdn Bhd (Euro                    (Tianjin Tiancheng) (quoting Certain Preserved
                                                into the material (as evidenced by the strands                                                                 Mushrooms From the People’s Republic of China:
                                                being thinner toward the middle between the             SME). We preliminarily find that Euro                  Final Results and Partial Rescission of the New
                                                junctions than at the junctions themselves)             SME has sold subject merchandise at                    Shipper Review and Final Results and Partial
                                                constituting the sides of the openings and              less than normal value during the POR.                 Rescission of the Third Antidumping Duty
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                                                integral junctions where the strands intersect.         Interested parties are invited to                      Administrative Review, 68 FR 41304 (July 11, 2003)
                                                The scope includes products in which four-                                                                     and accompanying Issues and Decision
                                                                                                        comment on these preliminary results.                  Memorandum at Comment 2).
                                                sided figures predominate whether or not                DATES: Effective Date: June 24, 2016.                     3 See Memorandum to The File entitled ‘‘2014–
                                                they also contain additional strands                                                                           2015 Administrative Review of Polyethylene Retail
                                                intersecting the four-sided figures and                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               Carrier Bags from Malaysia—Preliminary Bona
                                                whether or not the inside corners of the four-          Bryan Hansen or Minoo Hatten, AD/                      Fides Sales Analysis of Euro SME Sdn Bhd,’’ dated
                                                sided figures are rounded off or not sharp              CVD Operations, Office I, Enforcement                  concurrently with this notice, for more details
                                                angles. As used herein, the term ‘‘integral’’           and Compliance, International Trade                    including certain business proprietary information.



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Document Created: 2016-06-24 00:53:03
Document Modified: 2016-06-24 00:53:03
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
ContactBob Palmer or Ryan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202.482.9068 or 202.482.5260, respectively.
FR Citation81 FR 41292 

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