81 FR 56584 - Certain Biaxial Integral Geogrid Products From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 162 (August 22, 2016)
International Trade Administration
Federal Register Volume 81, Issue 162 (August 22, 2016)
| Page Range | 56584-56586 | |
| FR Document | 2016-20024 |
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)] [Notices] [Pages 56584-56586] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20024] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-036] Certain Biaxial Integral Geogrid Products From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') preliminarily determines that certain biaxial integral geogrid products (``geogrids'') from the People's Republic of China (``PRC'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''). The period of investigation (``POI'') is July 1, 2015, through December 31, 2015. The estimated weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective August 22, 2016. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Julia Hancock, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4031 or (202) 482-1394, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on February 16, 2016.\1\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum, which is dated concurrently with this determination and hereby adopted by this notice.\2\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ 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) (``Initiation Notice''). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance ``Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Biaxial Integral Geogrid Products from the People's Republic of China,'' dated concurrently with and hereby adopted by this notice (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is geogrids from the PRC. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I. Scope Comments In accordance with the preamble to the Department's regulations,\3\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).\4\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by the Department. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Decision Memorandum.\5\ The Department is preliminarily modifying the scope language as it appeared in the Initiation Notice to clarify the definition of the term ``molecular orientation'' as it relates to geogrids covered by the scope of this investigation. See ``Scope of the Investigation,'' in Appendix I, which includes the additional clarifying language. --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \4\ See Initiation Notice, 80 FR at 37229. \5\ See Preliminary Decision Memorandum. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Tariff Act of 1930, as amended (``the Act''). We calculated export prices in accordance with section 772(a) of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, we calculated normal value (``NV'') in accordance with section 773(c) of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances, in Part On May 2, 2016, Petitioner timely filed an amendment to the Petition, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(2)(i), alleging that critical circumstances exist with respect to imports of the merchandise under consideration.\6\ We preliminarily [[Page 56585]] determine that critical circumstances exist for Taian Modern \7\ and the PRC-wide entity. However, for BOSTD,\8\ we preliminarily determine that critical circumstances do not exist. For a full description of the methodology and results of our analysis, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \6\ See Letter from Petitioner, ``Amendment to Petition for the Imposition of Antidumping and Countervailing Duties: Biaxial Integral Geogrid Products from the People's Republic of China'' (May 2, 2016) (``CC Allegation''). \7\ Taian Modem Plastic Co., Ltd. (``Taian Modern''). \8\ BOSTD Geosynthetics Qingdao Ltd. (``BOSTD''). --------------------------------------------------------------------------- Combination Rates In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.\9\ --------------------------------------------------------------------------- \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ---------------------------------------------------------------------------------------------------------------- Weighted- average dumping margin Exporter Producer (percent) ---------------------------------------------------------------------------------------------------------------- BOSTD Geosynthetics Qingdao Ltd.......... BOSTD Geosynthetics Qingdao Ltd.. 00.00 Taian Modern Plastic Co., Ltd............ Taian Modern Plastic Co., Ltd.... 38.92 PRC-Wide Entity.......................... ................................. 66.74 ---------------------------------------------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 733(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 except for those produced and exported by BOSTD. Because the estimated preliminary weighted-average dumping margin for BOSTD is zero, we are not directing CBP to suspend liquidation of entries of the merchandise it produced and exported. Section 733(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 find that critical circumstances exist for imports of geogrids from the PRC produced or exported by Taian Modern and the PRC-wide entity. Accordingly, for Taian Modern and the PRC-wide entity, in accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation 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. Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit \10\ equal to the weighted-average amount by which the NV exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified for that combination in the table; (2) for all combinations of PRC exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate established for the PRC-wide entity, 66.74 percent; and (3) for all non-PRC exporters of the merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \10\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- We normally adjust antidumping duty cash deposit rates by the amount of export subsidies, where appropriate. In the companion CVD investigation, we preliminarily found that Taian Modern did not receive export subsidies. Therefore, no offset to Taian Modern's cash deposit rates for export subsidies is necessary.\11\ With respect to BOSTD, because it is receiving a zero margin, there is no cash deposit rate for BOSTD and therefore no need to make an offset to its' cash deposit rate.\12\ For the PRC-wide entity, which received an adverse facts available rate based on information contained in the Petition, as an extension of the adverse inference found necessary pursuant to section 776(b) of the Act, the Department has adjusted the PRC-wide entity's AD cash deposit rate by the lowest export subsidy rate determined for any party in the companion CVD proceeding.\13\ Here, that rate is zero and thus, no adjustment is necessary for the PRC-wide rate.14 15 --------------------------------------------------------------------------- \11\ 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 Duty Determination, 81 FR 4292 (June 24, 2016) and accompanying Preliminary Decision Memorandum (``Geogrids CVD Preliminary Determination'') (unchanged in Certain Biaxial Integral Geogrid Products From the People's Republic of China: Amended Preliminary Results of Countervailing Duty Investigation, 81 FR 48384 (July 25, 2016) (``Geogrids Amended CVD Preliminary Determination'')). \12\ See Aluminum Extrusions From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission, in Part; 2013-2014, 80 FR 32347 (June 8, 2015) unchanged at Aluminum Extrusions From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 75060 (December 1, 2015). \13\ See, e.g., Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value; Preliminary Affirmative Determination of Critical Circumstances; In Part and Postponement of Final Determination, 80 FR 4250 (January 27, 2015), and accompanying Issues and Decision Memorandum at 35. \14\ Id. \15\ See Drawn Stainless Steel Sinks from the People's Republic of China: Antidumping Duty Investigation, 77 FR 60673 (October 4, 2012) (``unchanged in Drawn Stainless Steel Sinks form the People's Republic of China: Investigation, Final Determination, 78 FR 13019 (February 26, 2013). Because the lowest export subsidy rate determined for any party in the companion CVD investigation, which is 0.00 percent for Taian Modern, the Department is not adjusting the cash deposit rate applicable to the PRC-wide entity. See Geogrids CVD Preliminary Determination at 31-2 (Foreign Trade Promotion Fund section). --------------------------------------------------------------------------- Pursuant to section 777A(f) of the Act, we normally adjust preliminary cash deposit rates for estimated domestic subsidy pass- through, where appropriate. However, in this case there [[Page 56586]] is no basis to grant a domestic subsidy pass-through adjustment. See Preliminary Decision Memorandum. Disclosure and Public Comment We intend to disclose the calculations performed to interested parties in this proceeding within five days of the date of announcement of this preliminary determination in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs, rebuttal briefs, and hearing requests.\16\ For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum at Section IX. --------------------------------------------------------------------------- \16\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c). --------------------------------------------------------------------------- Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On July 11, 2016, pursuant to 19 CFR 351.210(b) and (e), Taian Modern requested that, contingent upon an affirmative preliminary determination of sales at LTFV, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\17\ --------------------------------------------------------------------------- \17\ See Letter to the Secretary of Commerce from Taian Modern Plastic Co., Ltd.,''Certain Biaxial Integral Geogrid Products from the People's Republic of China: Request to Extend Final Determination'' (July 11, 2016). --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 120 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\18\ --------------------------------------------------------------------------- \18\ See also 19 CFR 351.210(e). --------------------------------------------------------------------------- International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: August 16, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The products covered by the scope are 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 in width 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 investigations 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Selection of Respondents VII. Preliminary Determination of Critical Circumstances, in Part VIII. Scope of the Investigation IX. Discussion of the Methodology a. Non-Market Economy Country b. Surrogate Country and Surrogate Values Comments c. Separate Rates d. Combination Rates e. Affiliation f. The PRC-wide Entity g. Application of Facts Available and Adverse Inferences h. Date of Sale i. Comparisons to Fair Value X. Currency Conversion XI. Export Subsidy Adjustment XII. Adjustment Under Section 777a(f) of the Act XIII. Disclosure and Public Comment XIV. Verification XV. Conclusion [FR Doc. 2016-20024 Filed 8-19-16; 8:45 am] BILLING CODE 3510-DS-P
![56584 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices
requirements, when imposed, shall (‘‘LTFV’’). The period of investigation Scope of the Investigation
remain in effect until further notice. (‘‘POI’’) is July 1, 2015, through The product covered by this
December 31, 2015. The estimated investigation is geogrids from the PRC.
Notifications
weighted-average dumping margins are For a full description of the scope of this
This notice serves as a final reminder shown in the ‘‘Preliminary investigation, see the ‘‘Scope of the
to importers of their responsibility Determination’’ section of this notice. Investigation,’’ in Appendix I.
under 19 CFR 351.402(f)(2) to file a Interested parties are invited to
certificate regarding the reimbursement comment on this preliminary Scope Comments
of antidumping duties prior to determination. In accordance with the preamble to
liquidation of the relevant entries the Department’s regulations,3 the
during this review period. Failure to DATES: Effective August 22, 2016. Initiation Notice set aside a period of
comply with this requirement could time for parties to raise issues regarding
FOR FURTHER INFORMATION CONTACT:
result in the Department’s presumption product coverage (i.e., scope).4 Certain
Susan Pulongbarit or Julia Hancock,
that reimbursement of antidumping interested parties commented on the
AD/CVD Operations, Office V,
duties occurred and the subsequent scope of the investigation as it appeared
Enforcement and Compliance,
assessment of doubled antidumping in the Initiation Notice, as well as
International Trade Administration,
duties. additional language proposed by the
In accordance with 19 CFR U.S. Department of Commerce, 14th
Department. For a summary of the
351.305(a)(3), this notice also serves as Street and Constitution Avenue NW.,
product coverage comments and
a reminder to parties subject to Washington, DC 20230; telephone: (202)
rebuttal responses submitted to the
administrative protective order (APO) of 482–4031 or (202) 482–1394,
record for this preliminary
their responsibility concerning the respectively.
determination, and accompanying
return or destruction of proprietary SUPPLEMENTARY INFORMATION: discussion and analysis of all comments
information disclosed under APO, timely received, see the Preliminary
which continues to govern business Background Decision Memorandum.5 The
proprietary information in this segment Department is preliminarily modifying
of the proceeding. Timely written The Department published the notice the scope language as it appeared in the
notification of the return or destruction of initiation of this investigation on Initiation Notice to clarify the definition
of APO materials, or conversion to February 16, 2016.1 For a complete of the term ‘‘molecular orientation’’ as it
judicial protective order, is hereby description of the events that followed relates to geogrids covered by the scope
requested. Failure to comply with the the initiation of this investigation, see of this investigation. See ‘‘Scope of the
regulations and terms of an APO is a the Preliminary Decision Memorandum, Investigation,’’ in Appendix I, which
sanctionable violation. which is dated concurrently with this includes the additional clarifying
These final results of this AR and determination and hereby adopted by language.
notice are published in accordance with this notice.2 A list of topics included in
the Preliminary Decision Memorandum Methodology
sections 751(a)(l) and 777(i)(l) of the Act
and 19 CFR 351.213(h). is included as Appendix II to this The Department is conducting this
notice. The Preliminary Decision investigation in accordance with section
Dated: August 15, 2016.
Memorandum is a public document and 731 of the Tariff Act of 1930, as
Paul Piquado, is on file electronically via Enforcement amended (‘‘the Act’’). We calculated
Assistant Secretary for Enforcement and and Compliance’s Antidumping and export prices in accordance with section
Compliance. Countervailing Duty Centralized 772(a) of the Act. Because the PRC is a
[FR Doc. 2016–20009 Filed 8–19–16; 8:45 am] Electronic Service System (ACCESS). non-market economy within the
BILLING CODE 3510–DS–P ACCESS is available to registered users meaning of section 771(18) of the Act,
at https://access.trade.gov, and to all we calculated normal value (‘‘NV’’) in
parties in the Central Records Unit, accordance with section 773(c) of the
DEPARTMENT OF COMMERCE room B8024 of the main Department of Act. For a full description of the
International Trade Administration Commerce building. In addition, a methodology underlying our
complete version of the Preliminary preliminary conclusions, see the
[A–570–036] Decision Memorandum can be found at Preliminary Decision Memorandum.
http://enforcement.trade.gov/frn/. The
Certain Biaxial Integral Geogrid Preliminary Affirmative Determination
signed Preliminary Decision
Products From the People’s Republic of Critical Circumstances, in Part
Memorandum and the electronic
of China: Affirmative Preliminary version of the Preliminary Decision On May 2, 2016, Petitioner timely
Determination of Sales at Less Than Memorandum are identical in content. filed an amendment to the Petition,
Fair Value, Affirmative Determination pursuant to section 733(e)(1) of the Act
of Critical Circumstances, in Part, and 1 See Certain Biaxial Integral Geogrid Products and 19 CFR 351.206(c)(2)(i), alleging
Postponement of Final Determination From the People’s Republic of China: Initiation of that critical circumstances exist with
Less-Than-Fair-Value Investigation, 81 FR 7755 respect to imports of the merchandise
AGENCY: Enforcement and Compliance, (February 16, 2016) (‘‘Initiation Notice’’). under consideration.6 We preliminarily
International Trade Administration,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
2 See Memorandum from Christian Marsh, Deputy
Department of Commerce. Assistant Secretary for Antidumping and 3 See Antidumping Duties; Countervailing Duties,
Countervailing Duty Operations, to Paul Piquado,
SUMMARY: The Department of Commerce 62 FR 27296, 27323 (May 19, 1997).
Assistant Secretary for Enforcement and
(‘‘Department’’) preliminarily Compliance ‘‘Decision Memorandum for the
4 See Initiation Notice, 80 FR at 37229.
determines that certain biaxial integral Preliminary Determination in the Antidumping 5 See Preliminary Decision Memorandum.
geogrid products (‘‘geogrids’’) from the Duty Investigation of Certain Biaxial Integral 6 See Letter from Petitioner, ‘‘Amendment to
Geogrid Products from the People’s Republic of Petition for the Imposition of Antidumping and
People’s Republic of China (‘‘PRC’’) are China,’’ dated concurrently with and hereby Countervailing Duties: Biaxial Integral Geogrid
being, or are likely to be, sold in the adopted by this notice (‘‘Preliminary Decision Products from the People’s Republic of China’’
United States at less than fair value Memorandum’’). (May 2, 2016) (‘‘CC Allegation’’).
VerDate Sep<11>2014 17:13 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1](https://thefederalregister.org/doc/81_FR_56746/page/1.svg)
![56586 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices
is no basis to grant a domestic subsidy preliminary determination, pursuant to processing that would not otherwise remove
pass-through adjustment. See section 735(a)(2) of the Act.18 the merchandise from the scope of the
Preliminary Decision Memorandum. investigations if performed in the country of
International Trade Commission (ITC) manufacture of the biaxial integral geogrid.
Disclosure and Public Comment Notification The products subject to the scope are
currently classified in the Harmonized Tariff
We intend to disclose the calculations In accordance with section 733(f) of Schedule of the United States (‘‘HTSUS’’)
performed to interested parties in this the Act, we will notify the ITC of our under the following subheading:
proceeding within five days of the date affirmative preliminary determination of 3926.90.9995. Subject merchandise may also
of announcement of this preliminary sales at LTFV. If our final determination enter under subheadings 3920.20.0050 and
determination in accordance with 19 is affirmative, the ITC will determine 3925.90.0000. The HTSUS subheadings set
CFR 351.224(b). Interested parties may before the later of 120 days after the date forth above are provided for convenience and
submit case briefs, rebuttal briefs, and of this preliminary determination or 45 U.S. Customs purposes only. The written
hearing requests.16 For a schedule of the description of the scope is dispositive.
days after our final determination
deadlines for filing case briefs, rebuttal whether these imports are materially Appendix II
briefs, and hearing requests, see the injuring, or threaten material injury to, List of Topics Discussed in the Preliminary
Preliminary Decision Memorandum at the U.S. industry. Decision Memorandum
Section IX. This determination is issued and
I. Summary
Postponement of Final Determination published in accordance with sections II. Background
and Extension of Provisional Measures 733(f) and 777(i)(1) of the Act and 19 III. Period of Investigation
CFR 351.205(c). IV. Postponement of Final Determination and
Section 735(a)(2) of the Act provides Extension of Provisional Measures
Dated: August 16, 2016.
that a final determination may be V. Scope Comments
postponed until not later than 135 days Paul Piquado,
VI. Selection of Respondents
after the date of the publication of the Assistant Secretary for Enforcement and VII. Preliminary Determination of Critical
preliminary determination if, in the Compliance. Circumstances, in Part
event of an affirmative preliminary Appendix I—Scope of the Investigation VIII. Scope of the Investigation
determination, a request for such IX. Discussion of the Methodology
The products covered by the scope are a. Non-Market Economy Country
postponement is made by exporters who
certain biaxial integral geogrid products. b. Surrogate Country and Surrogate Values
account for a significant proportion of Biaxial integral geogrid products are a Comments
exports of the subject merchandise, or in polymer grid or mesh material (whether or c. Separate Rates
the event of a negative preliminary not finished, slit, cut-to-length, attached to d. Combination Rates
determination, a request for such woven or non-woven fabric or sheet material, e. Affiliation
postponement is made by Petitioners. 19 or packaged) in which four-sided openings in f. The PRC-wide Entity
CFR 351.210(e)(2) requires that requests the form of squares, rectangles, rhomboids, g. Application of Facts Available and
by respondents for postponement of a diamonds, or other four-sided figures Adverse Inferences
final antidumping determination be predominate. The products covered have h. Date of Sale
integral strands that have been stretched to i. Comparisons to Fair Value
accompanied by a request for extension
induce molecular orientation into the X. Currency Conversion
of provisional measures from a four- material (as evidenced by the strands being XI. Export Subsidy Adjustment
month period to a period not more than thinner in width toward the middle between XII. Adjustment Under Section 777a(f) of the
six months in duration. the junctions than at the junctions Act
On July 11, 2016, pursuant to 19 CFR themselves) constituting the sides of the XIII. Disclosure and Public Comment
351.210(b) and (e), Taian Modern openings and integral junctions where the XIV. Verification
requested that, contingent upon an strands intersect. The scope includes XV. Conclusion
affirmative preliminary determination of products in which four-sided figures [FR Doc. 2016–20024 Filed 8–19–16; 8:45 am]
sales at LTFV, the Department postpone predominate whether or not they also contain
additional strands intersecting the four-sided BILLING CODE 3510–DS–P
the final determination and that figures and whether or not the inside corners
provisional measures be extended to a of the four-sided figures are rounded off or
period not to exceed six months.17 not sharp angles. As used herein, the term DEPARTMENT OF COMMERCE
In accordance with section ‘‘integral’’ refers to strands and junctions that
735(a)(2)(A) of the Act and 19 CFR are homogenous with each other. The International Trade Administration
351.210(b)(2)(ii), because (1) our products covered have a tensile strength of
[A–570–985]
preliminary determination is greater than 5 kilonewtons per meter
affirmative; (2) the requesting exporters (‘‘kN/m’’) according to American Society for
Xanthan Gum From the People’s
account for a significant proportion of Testing and Materials (‘‘ASTM’’) Standard
Test Method D6637/D6637M in any direction Republic of China: Rescission of 2014–
exports of the subject merchandise; and and average overall flexural stiffness of more 2015 Antidumping Duty New Shipper
(3) no compelling reasons for denial than 100,000 milligram-centimeter according Review
exist, we are postponing the final to the ASTM D7748/D7748M Standard Test
determination and extending the Method for Flexural Rigidity of Geogrids, AGENCY: Enforcement and Compliance,
provisional measures from a four-month Geotextiles and Related Products, or other International Trade Administration,
period to a period not greater than six equivalent test method standards. Department of Commerce.
months. Accordingly, we will make our Subject merchandise includes material SUMMARY: The Department of Commerce
asabaliauskas on DSK3SPTVN1PROD with NOTICES
final determination no later than 120 matching the above description that has been (‘‘Department’’) finds that the sale made
finished, packaged, or otherwise further by Inner Mongolia Jianlong Biochemical
days after the date of publication of this
processed in a third country, including by Co., Ltd. (‘‘IMJ’’) is a non-bona fide sale.
trimming, slitting, coating, cutting, punching
16 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c). Therefore, we are rescinding this new
holes, stretching, attaching to woven or non-
17 See Letter to the Secretary of Commerce from woven fabric or sheet material, or any other shipper review (‘‘NSR’’).
Taian Modern Plastic Co., Ltd.,’’Certain Biaxial DATES: Effective August 22, 2016.
Integral Geogrid Products from the People’s
finishing, packaging, or other further
Republic of China: Request to Extend Final FOR FURTHER INFORMATION CONTACT:
Determination’’ (July 11, 2016). 18 See also 19 CFR 351.210(e). Patrick O’Connor, AD/CVD Operations,
VerDate Sep<11>2014 17:13 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1](https://thefederalregister.org/doc/81_FR_56746/page/3.svg)
Document Created: 2018-02-09 11:37:33
Document Modified: 2018-02-09 11:37:33
| 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 August 22, 2016. | |
| Contact | Susan Pulongbarit or Julia Hancock, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4031 or (202) 482-1394, respectively. | |
| FR Citation | 81 FR 56584 |
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