81 FR 48384 - Certain Biaxial Integral Geogrid Products From the People's Republic of China: Amended Preliminary Results of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 142 (July 25, 2016)
International Trade Administration
Federal Register Volume 81, Issue 142 (July 25, 2016)
| Page Range | 48384-48386 | |
| FR Document | 2016-17565 |
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)] [Notices] [Pages 48384-48386] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17565] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-037] Certain Biaxial Integral Geogrid Products From the People's Republic of China: Amended Preliminary Results of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 24, 2016, the Department of Commerce (``Department'') published in the Federal Register the Preliminary Determination of the countervailing duty (``CVD'') investigation on certain biaxial integral geogrid products (``geogrids'') from the People's Republic of China (``PRC''). The Department is amending the Preliminary Determination of the investigation to correct three ministerial errors. DATES: Effective June 24, 2016. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Ryan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-5260, respectively. SUPPLEMENTARY INFORMATION: On June 24, 2016, the Department published in the Federal Register the Preliminary Determination of the CVD investigation of geogrids from the PRC.\1\ On June 24, 2016, and June 27, 2016, respectively, Taian Modern Plastic Co., Ltd. (``Taian Modern'') and BOSTD Geosynthetics Qingdao Ltd. (``BOSTD Qingdao'') alleged that the Department made significant ministerial errors in the Preliminary Determination.\2\ --------------------------------------------------------------------------- \1\ See Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Determination, 81 FR 41292 (June 24, 2016) (``Preliminary Determination''). \2\ On June 30, 2016 the Department received comments submitted by Tensar Corporation in reply to the ministerial allegations of Taian Modern and BOSTD Qingdao. However, in accordance with 19 CFR 351.224(c)(3), these reply comments were rejected from the record. See Letter from Catherine Bertrand, Program Manager, Office V, ``Certain Biaxial Integral Geogrids Products from the People's Republic of China: Tensar Corporation's Ministerial Reply Comments'' (July 5, 2016). --------------------------------------------------------------------------- Significant Ministerial Error A ministerial error, as defined in section 751(h) of the Tariff Act of 1930, as amended (``the Act''), includes ``errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.'' \3\ With respect to preliminary determinations, 19 CFR 351.224(e) provides that the Department ``will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination . . .'' A significant [[Page 48385]] ministerial error is defined as an error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the countervailable subsidy rate calculated in the original (erroneous) preliminary determination; or (2) a difference between a countervailable subsidy rate of zero (or de minimis) and a countervailable subsidy rate of greater than de minimis or vice versa.\4\ As explained further in the Ministerial Error Memorandum issued concurrently with this Notice,\5\ and pursuant to 19 CFR 351.224(e) and (g), the Department is amending the Preliminary Determination to reflect the correction of three ministerial errors made in the calculation of the subsidy rates for Taian Modern and BOSTD Qingdao. --------------------------------------------------------------------------- \3\ See also 19 CFR 351.224(f). \4\ See 19 CFR 351.224(g) (1), (2). \5\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from James Doyle, Director, Office V, through Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, ``Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products from the People's Republic of China: Allegation of Significant Ministerial Errors in the Preliminary Determination,'' dated concurrently with this notice (``Ministerial Error Memorandum''). This memorandum 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. --------------------------------------------------------------------------- Ministerial Error Allegations Taian Modern alleges that, although the Department stated in the Preliminary Determination that it was using total sales as the denominator in calculating the subsidy rate because the programs were considered domestic subsidies, the Department actually used only Taian Modern's sales of geogrids as the denominator in its calculations. After comparing the ministerial error allegations against record evidence, in accordance with section 751(h) of the Act, we agree that we inadvertently used only Taian Modern's sales of geogrids in our calculation instead of total sales. This resulted in a significant error within the meaning of section 735(e) of the Act and 19 CFR 351.224(g). We have corrected this error in this notice. BOSTD Qingdao alleges that in the Preliminary Determination, the Department stated that it would add to the purchase price for each individual domestic purchase the reported delivery charge and VAT paid to obtain a total amount paid. However, the Department unintentionally included BOSTD Qingdao's purchases of imported (e.g., non-Chinese origin) polypropylene in the less-than-adequate-remuneration (``LTAR'') calculation. Next, with respect to the electricity for LTAR calculation, BOSTD Qingdao alleges that the Department made an error in addition. In the Department's calculation worksheet, the benefit totals from each of the various electricity categories was hardcode rather than a sum formula. The actual sum of BOSTD Qingdao's electricity benefit is considerably less. After comparing the ministerial error allegations against record evidence, in accordance with section 751(h) of the Act, we agree with BOSTD Qingdao that we inadvertently included BOSTD Qingdao's purchases of imported polypropylene in the LTAR calculation. We also agree that we miscalculated the benefit total of the various electricity categories. These errors resulted in a significant error within the meaning of section 735(e) of the Act and 19 CFR 351.224(g). We have corrected these errors in this notice. Amended Preliminary Determination We are amending the preliminary countervailing duty rates for Taian Modern and BOSTD Qingdao pursuant to 19 CFR 351.224(e). In addition, the preliminary ``All-Others'' Rate was based on the simple average of the subsidy rates calculated for Taian Modern and BOSTD Qingdao. Thus, we are also amending the ``All-Others'' rate to account for the change in Taian Modern's and BOSTD Qingdao's subsidy rate. Specifically, we are calculating the simple average of the corrected subsidy rate for Taian Modern and BOSTD Qingdao. Further, correcting Taian Modern's ``Provision of Polypropylene for LTAR'' error and BOSTD Qingdao's ``Provision of Electricity for LTAR'' calculation leads to a change in the adverse facts available rate.\6\ The revised subsidy rates are as follows: --------------------------------------------------------------------------- \6\ See Ministerial Error Memorandum for the revised adverse facts available rate. ------------------------------------------------------------------------ Company Subsidy rate ------------------------------------------------------------------------ BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient 5.19 Science & Technology Development Co., Ltd.............. Taian Modern Plastic Co., Ltd........................... 20.79 All-Others.............................................. 12.99 Chengdu Tian Road Engineering Materials Co., Ltd.*...... 119.13 Chongqing Jiudi Reinforced Soil Engineering Co., Ltd.*.. 119.13 CNBM International Corporation *........................ 119.13 Dezhou Yaohua Geosynthetics Ltd.*....................... 119.13 Dezhou Zhengyu Geosynthetics Ltd.*...................... 119.13 Hongye Engineering Materials Co., Ltd.*................. 119.13 Hubei Nete Geosynthetics Ltd.*.......................... 119.13 Jiangsu Dingtai Engineering Material Co., Ltd.*......... 119.13 Jiangsu Jiuding New Material Ltd.*...................... 119.13 Lewu New Material Ltd.*................................. 119.13 Nanjing Jinlu Geosynthetics Ltd.*....................... 119.13 Nanjing Kunchi Composite Material Ltd.*................. 119.13 Nanyang Jieda Geosynthetics Co., Ltd.*.................. 119.13 Qingdao Hongda Plastics Corp.*.......................... 119.13 Shandong Dexuda Geosynthetics Ltd.*..................... 119.13 Shandong Haoyang New Engineering Materials Co., Ltd.*... 119.13 Shandong Tongfa Glass Fiber Ltd.*....................... 119.13 Shandong Xinyu Geosynthetics Ltd.*...................... 119.13 Tai'an Haohua Plastics Co., Ltd.*....................... 119.13 Taian Hengbang Engineering Material Co., Ltd.*.......... 119.13 Taian Naite Geosynthetics Ltd.*......................... 119.13 Taian Road Engineering Materials Co., Ltd.*............. 119.13 Tenax *................................................. 119.13 [[Page 48386]] Hengshui Zhongtiejian Group Co.*........................ 119.13 Qingdao Sunrise Dageng Import and Export Co., Ltd.*..... 119.13 ------------------------------------------------------------------------ * Non-cooperative company to which an adverse facts available rate is being applied. See Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Determination, 81 FR 41292 (June 24, 2016) and accompanying Preliminary Decision Memo at ``Use of Facts Otherwise Available and Adverse Inferences.'' These amended preliminary results are published in accordance with sections 751(h) and 777(i)(1) of the Act. Dated: July 19, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-17565 Filed 7-22-16; 8:45 am] BILLING CODE 3510-DS-P
![48384 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
Dated: July 18, 2016. part, if the party that requested a review SUMMARY: On June 24, 2016, the
Samuel H. Rikkers, withdraws its request within 90 days of Department of Commerce
Administrator, Rural Business-Cooperative the date of publication of notice of (‘‘Department’’) published in the
Service. initiation of the requested review. In Federal Register the Preliminary
[FR Doc. 2016–17485 Filed 7–22–16; 8:45 am] this case, WTTC withdrew its request Determination of the countervailing
BILLING CODE 3410–XY–P for review within the 90-day deadline, duty (‘‘CVD’’) investigation on certain
and no other party requested an biaxial integral geogrid products
administrative review of the CVD order. (‘‘geogrids’’) from the People’s Republic
DEPARTMENT OF COMMERCE Therefore, in accordance with 19 CFR of China (‘‘PRC’’). The Department is
351.213(d)(1), we are rescinding this amending the Preliminary
International Trade Administration review in its entirety. Determination of the investigation to
correct three ministerial errors.
[C–570–982] Assessment
DATES: Effective June 24, 2016.
Utility Scale Wind Towers from the The Department will instruct U.S. FOR FURTHER INFORMATION CONTACT: Bob
People’s Republic of China: Customs and Border Protection (CBP) to Palmer or Ryan Mullen, AD/CVD
Rescission of Countervailing Duty assess CVDs on all entries of wind Operations, Office V, Enforcement and
Administrative Review; 2015 towers from the PRC during the period Compliance, International Trade
January 1, 2015, through December 31, Administration, Department of
AGENCY: Enforcement and Compliance, 2015, at rates equal to the cash deposit Commerce, 14th Street and Constitution
International Trade Administration, of estimated CVDs required at the time Avenue NW., Washington, DC 20230;
Department of Commerce. of entry, or withdrawal from warehouse, telephone: (202) 482–9068 or (202) 482–
SUMMARY: The Department of Commerce for consumption, in accordance with 19 5260, respectively.
(the Department) is rescinding its CFR 351.212(c)(1)(i). The Department
SUPPLEMENTARY INFORMATION: On June
administrative review of the intends to issue appropriate assessment
24, 2016, the Department published in
countervailing duty (CVD) order on instructions to CBP 15 days after the
the Federal Register the Preliminary
utility scale wind towers (wind towers) publication of this notice.
Determination of the CVD investigation
from the People’s Republic of China Notifications of geogrids from the PRC.1 On June 24,
(PRC) for the period January 1, 2015, 2016, and June 27, 2016, respectively,
through December 31, 2015. This notice serves as a final reminder
to parties subject to administrative Taian Modern Plastic Co., Ltd. (‘‘Taian
DATES: Effective July 25, 2016. Modern’’) and BOSTD Geosynthetics
protective order (APO) of their
FOR FURTHER INFORMATION CONTACT: Qingdao Ltd. (‘‘BOSTD Qingdao’’)
responsibility concerning the return or
Kristen Johnson, AD/CVD Operations, alleged that the Department made
destruction of proprietary information
Office III, Enforcement and Compliance, significant ministerial errors in the
disclosed under APO, in accordance
International Trade Administration, Preliminary Determination.2
with 19 CFR 351.305.(a)(3). Timely
U.S. Department of Commerce, 14th
written notification of the return or Significant Ministerial Error
Street and Constitution Avenue NW.,
destruction of APO materials or
Washington, DC 20230; telephone: (202) A ministerial error, as defined in
conversion to judicial protective order is
482–4793. section 751(h) of the Tariff Act of 1930,
hereby requested. Failure to comply
SUPPLEMENTARY INFORMATION: as amended (‘‘the Act’’), includes
with the regulations and the terms of an
‘‘errors in addition, subtraction, or other
Background APO is a violation which is subject to
arithmetic function, clerical errors
sanction.
The Department initiated an resulting from inaccurate copying,
This notice is issued and published in
administrative review of the CVD order duplication, or the like, and any other
accordance with sections 751(a)(1) and
on wind towers from the PRC with type of unintentional error which the
777(i)(1) of the Tariff Act of 1930, as
respect to 50 companies for the period administering authority considers
amended, and 19 CFR 351.213(d)(4).
January 1, 2015, through December 31, ministerial.’’ 3 With respect to
2015, based on a request by the Dated: July 18, 2016. preliminary determinations, 19 CFR
petitioner, the Wind Tower Trade Christian Marsh, 351.224(e) provides that the Department
Coalition (WTTC).1 On July 6, 2016, Deputy Assistant Secretary for Antidumping ‘‘will analyze any comments received
WTTC timely withdrew its request for and Countervailing Duty Operations. and, if appropriate, correct any
an administrative review of all 50 [FR Doc. 2016–17562 Filed 7–22–16; 8:45 am] significant ministerial error by
companies.2 No other party requested a BILLING CODE 3510–DS–P amending the preliminary
review. determination . . .’’ A significant
Rescission of Review DEPARTMENT OF COMMERCE 1 See Countervailing Duty Investigation of Certain
Pursuant to 19 CFR 351.213(d)(1), the Biaxial Integral Geogrid Products From the People’s
International Trade Administration Republic of China: Preliminary Determination and
Department will rescind an Alignment of Final Determination With Final
administrative review in whole or in Antidumping Determination, 81 FR 41292 (June 24,
[C–570–037] 2016) (‘‘Preliminary Determination’’).
1 See Initiation of Antidumping and 2 On June 30, 2016 the Department received
Countervailing Duty Administrative Reviews, 81 FR Certain Biaxial Integral Geogrid comments submitted by Tensar Corporation in
mstockstill on DSK3G9T082PROD with NOTICES
20324 (April 7, 2016) (Initiation Notice). In the Products From the People’s Republic reply to the ministerial allegations of Taian Modern
Initiation Notice, we inadvertently listed only 45 of China: Amended Preliminary and BOSTD Qingdao. However, in accordance with
companies; however, WTTC requested a review of Results of Countervailing Duty 19 CFR 351.224(c)(3), these reply comments were
50 companies. See Letter from WTTC regarding rejected from the record. See Letter from Catherine
‘‘Request for Administrative Review’’ (February 23, Investigation Bertrand, Program Manager, Office V, ‘‘Certain
2016). Biaxial Integral Geogrids Products from the People’s
2 See Letter from the WTTC regarding AGENCY: Enforcement and Compliance, Republic of China: Tensar Corporation’s Ministerial
‘‘Withdrawal of Request for Administrative International Trade Administration, Reply Comments’’ (July 5, 2016).
Review’’ (July 6, 2016). Department of Commerce. 3 See also 19 CFR 351.224(f).
VerDate Sep<11>2014 18:27 Jul 22, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM 25JYN1](https://thefederalregister.org/doc/81_FR_48526/page/1.svg)
![48386 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
Company Subsidy rate
Hengshui Zhongtiejian Group Co.* ...................................................................................................................................................... 119.13
Qingdao Sunrise Dageng Import and Export Co., Ltd.* ...................................................................................................................... 119.13
* Non-cooperative company to which an adverse facts available rate is being applied. See Countervailing Duty Investigation of Certain Biaxial
Integral Geogrid Products From the People’s Republic of China: Preliminary Determination and Alignment of Final Determination With Final Anti-
dumping Determination, 81 FR 41292 (June 24, 2016) and accompanying Preliminary Decision Memo at ‘‘Use of Facts Otherwise Available and
Adverse Inferences.’’
These amended preliminary results Council, Room 18002, 1401 Constitution financing challenges faced by U.S.
are published in accordance with Avenue NW., Washington, DC 20230, or exporters, especially SMEs, and their
sections 751(h) and 777(i)(1) of the Act. via email at: Ericka.Ukrow@trade.gov. foreign buyers, (2) examine other
Dated: July 19, 2016. FOR FURTHER INFORMATION CONTACT: noteworthy issues raised by
Paul Piquado, Ericka Ukrow, Office of Finance and stakeholders represented by the
Insurance Industries, Room 18002, U.S. membership, (3) identify emerging
Assistant Secretary for Enforcement and
Compliance. Department of Commerce, 1401 financing sources that would address
Constitution Avenue NW., Washington, these gaps, and (4) recommend specific
[FR Doc. 2016–17565 Filed 7–22–16; 8:45 am]
DC 20230; telephone: (202) 482–0405, activities by which these
BILLING CODE 3510–DS–P
email: Ericka.Ukrow@trade.gov. recommendations could be incorporated
SUPPLEMENTARY INFORMATION: and implemented.
DEPARTMENT OF COMMERCE I. Background and Authority II. Structure, Membership, and
Operation
International Trade Administration The U.S. Department of Commerce
Trade Finance Advisory Council (TFAC) The TFAC shall consist of no more
U.S. Department of Commerce Trade is established in accordance with the than twenty members appointed by the
Finance Advisory Council provisions of the Federal Advisory Secretary. Members may be drawn from:
Establishment Committee Act, as amended, 5 U.S.C. • U.S. companies that are exporters of
App., to advise the Secretary on matters goods and services;
AGENCY: International Trade • U.S. commercial banks that provide
relating to private sector trade financing
Administration, U.S. Department of trade finance products, cross-border
for U.S. exporters. The Department
Commerce. payment services, or foreign exchange
affirms that the creation of the TFAC is
ACTION: Notice of establishment of the necessary and in the public interest. solutions;
U.S. Department of Commerce Trade The Department of Commerce, • Non-bank U.S. financial institutions
Finance Advisory Council. International Trade Administration, that provide trade finance products,
Office of Finance and Insurance cross-border payment services, or
SUMMARY: The Secretary of Commerce foreign exchange solutions;
(Secretary), having determined that it is Industries, is accepting nominations for
membership on the TFAC. The TFAC • Associations that represent: (a) U.S.
in the public interest in connection with exporters and SMEs; and (b) U.S.
the performance of duties imposed on functions solely as an advisory
committee. The TFAC shall advise the commercial banks or non-bank financial
the Department of Commerce by law, institutions or other professionals that
and with the concurrence of the General Secretary in identifying effective ways
to help expand access to finance for U.S. facilitate international trade
Services Administration, announces transactions;
establishment of the U.S. Department of exporters, especially small- and
medium-sized enterprises (SMEs), and • U.S. companies or entities whose
Commerce Trade Finance Advisory business includes trade-finance-related
Council. This advisory committee will their foreign buyers.
The TFAC shall provide a necessary activities or services;
advise the Secretary on the development • U.S. scholars, academic
forum to facilitate the discussion
of strategies and programs that would institutions, or public policy
between a diverse group of stakeholders
help expand access to trade finance for organizations with expertise in global
such as banks, non-bank financial
U.S. exporters. The establishment of this business, trade finance, and
institutions, other trade finance related
federal advisory committee is necessary international banking related subjects;
organizations, and exporters to gain a
to provide input to the Secretary and
better understanding regarding current
regarding the challenges faced by U.S. • Economic development
challenges facing U.S. exporters in
exporters in accessing capital, organizations and other U.S. regional,
accessing finance.
innovative solutions that can address The TFAC shall draw upon the state and local governmental and non-
these challenges, and recommendations experience of its members in order to governmental organizations whose
on strategies that can expand access to obtain ideas and suggestions for missions or activities include the
finance and educate U.S. exporters on innovative solutions to these challenges. analysis, provision, or facilitation of
available resources. This notice also The TFAC shall develop trade finance products/services.
requests nominations for membership. recommendations on programs or Membership shall include a broad
DATES: Nominations for members must activities that the Department of range of companies and organizations in
be received on or before 5 p.m. EDT Commerce could incorporate as part of terms of products and services,
mstockstill on DSK3G9T082PROD with NOTICES
Monday, August 22, 2016. its export promotion and trade finance company size, and geographic location
ADDRESSES: All nominations should be education efforts. of both the source and destination of
submitted to the Executive Secretary, The TFAC shall report to the trade finance. Members will be selected
Advisory Council on Trade Finance to: Secretary on its activities and based on their ability to carry out the
Ericka Ukrow, Office of Finance and recommendations. In creating its objectives of the TFAC, in accordance
Insurance Industries, U.S. Department reports, the TFAC should: (1) Evaluate with applicable Department of
of Commerce Trade Finance Advisory current credit conditions and specific Commerce guidelines, in a manner that
VerDate Sep<11>2014 18:27 Jul 22, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM 25JYN1](https://thefederalregister.org/doc/81_FR_48526/page/3.svg)
Document Created: 2016-07-23 02:00:14
Document Modified: 2016-07-23 02:00:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective June 24, 2016. | |
| Contact | Bob Palmer or Ryan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-5260, respectively. | |
| FR Citation | 81 FR 48384 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR