82_FR_3289 82 FR 3282 - Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products From the People's Republic of China: Final Affirmative Determination and Final Determination of Critical Circumstances, in Part

82 FR 3282 - Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products From the People's Republic of China: Final Affirmative Determination and Final Determination of Critical Circumstances, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 7 (January 11, 2017)

Page Range3282-3284
FR Document2017-00429

The Department of Commerce (the ``Department'') 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. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.

Federal Register, Volume 82 Issue 7 (Wednesday, January 11, 2017)
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3282-3284]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00429]


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

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: Final Affirmative 
Determination and Final Determination of Critical Circumstances, in 
Part

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

SUMMARY: The Department of Commerce (the ``Department'') determines 
that countervailable subsidies are being provided to producers and 
exporters of certain 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. For 
information on the estimated subsidy rates, see the ``Suspension of 
Liquidation'' section of this notice.

DATES: Effective January 11, 2017.

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: 

Background

    The petitioner in this investigation is Tensar Corporation 
(``Petitioner''). In addition to the Government of China (``GOC''), the 
mandatory respondents in this investigation are BOSTD Geosynthetics 
Qingdao Ltd. and its crossed-owned company Beijing Orient Science & 
Technology Development Co., Ltd. (``BOSTD''), and Taian Modern Plastic 
Co., Ltd. (``Taian Modern'').
    The Department published its Preliminary Determination on June 24, 
2016, and its Amended Preliminary Determination on July 26, 2016.\1\ A 
complete summary of the events that occurred since the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, may be found in the 
``Countervailing Duty Investigation of Certain Biaxial Integral Geogrid 
Products from the People's Republic of China: Issues and Decision 
Memorandum for the Final Affirmative Determination,'' \2\ which is 
dated concurrently with and hereby adopted by this notice. The Issues 
and Decision Memorandum is a public document and is available 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
Access to ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room 
B8024 of the Department's main building. In addition, a complete 
version of the Issues and Decision Memorandum can be viewed at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
---------------------------------------------------------------------------

    \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 Duty Determination, 81 FR 41292 (June 24, 2016) 
(``Preliminary Determination'') and Certain Biaxial Integral Geogrid 
Products from the People's Republic of China: Amended Preliminary 
Results of Countervailing Duty Investigation, 81 FR 48384 (July 26, 
2016) (``Amended Preliminary Determination'').
    \2\ See Memorandum from Gary Taverman, Associate 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: 
Issues and Decision Memorandum for the Final Affirmative 
Determination,'' dated concurrently with this notice (``Issues and 
Decisions Memo'').
---------------------------------------------------------------------------

Methodology

    The Department conducted this countervailing duty (``CVD'') 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the ``Act''). For each of the subsidy programs found 
countervailable, we determine that there is a subsidy (i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient) and that the subsidy is specific. For a full 
description of the methodology underlying our preliminary conclusions, 
see the Issues and Decisions Memo.

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.

Analysis of Subsidy Programs and Comments Received

    All issues raised in the comments filed by interested parties to 
this proceeding are discussed in the Issues and Decision Memorandum. A 
list of the issues raised by interested parties and responded to by the 
Department in the Issues and Decisions Memo are attached at Appendix II 
to this notice.

Use of Adverse Facts Available

    For purposes of this final determination, we relied, in part, on 
facts available and, because certain 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.\3\ A full 
discussion of our decision to rely on adverse facts available is 
presented in the ``Use of Facts Otherwise Available and Adverse 
Inferences'' section of the Issues and Decisions Memo.
---------------------------------------------------------------------------

    \3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Final Determination

    In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A)(i) 
of the Act, we calculated an estimated countervailable subsidy rate for 
each producer/exporter of the subject merchandise individually 
investigated. These rates are:

------------------------------------------------------------------------
                       Company                            Subsidy rate
------------------------------------------------------------------------
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient                15.61
 Science & Technology Development Co., Ltd...........
Taian Modern Plastic Co., Ltd........................              56.24
All-Others...........................................              35.93

[[Page 3283]]

 
Chengdu Tian Road Engineering Materials Co., Ltd *...             152.50
Chongqing Jiudi Reinforced Soil Engineering Co., Ltd              152.50
 *...................................................
CNBM International Corporation *.....................             152.50
Dezhou Yaohua Geosynthetics Ltd *....................             152.50
Dezhou Zhengyu Geosynthetics Ltd *...................             152.50
Hongye Engineering Materials Co., Ltd *..............             152.50
Hubei Nete Geosynthetics Ltd *.......................             152.50
Jiangsu Dingtai Engineering Material Co., Ltd *......             152.50
Jiangsu Jiuding New Material Ltd *...................             152.50
Lewu New Material Ltd *..............................             152.50
Nanjing Jinlu Geosynthetics Ltd *....................             152.50
Nanjing Kunchi Composite Material Ltd *..............             152.50
Nanyang Jieda Geosynthetics Co., Ltd *...............             152.50
Qingdao Hongda Plastics Corp *.......................             152.50
Shandong Dexuda Geosynthetics Ltd *..................             152.50
Shandong Haoyang New Engineering Materials Co., Ltd *             152.50
Shandong Tongfa Glass Fiber Ltd *....................             152.50
Shandong Xinyu Geosynthetics Ltd *...................             152.50
Tai'an Haohua Plastics Co., Ltd *....................             152.50
Taian Hengbang Engineering Material Co., Ltd *.......             152.50
Taian Naite Geosynthetics Ltd *......................             152.50
Taian Road Engineering Materials Co., Ltd *..........             152.50
Tenax *..............................................             152.50
Hengshui Zhongtiejian Group Co *.....................             152.50
Qingdao Sunrise Dageng Import and Export Co., Ltd *..             152.50
------------------------------------------------------------------------
* 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 Issus and Decisions Memo.

    In accordance with sections 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 weight-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.

Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (``CBP'') to suspend liquidation of all entries of geogrids 
from the PRC, that were entered, or withdrawn from warehouse, for 
consumption on or after March 26, 2016, for BOSTD and all other 
companies, for which we found critical circumstances exist, and on or 
after June 24, 2016, the date of the publication of the Preliminary 
Determination in the Federal Register, for Taian Modern. In accordance 
with section 703(d) of the Act, we instructed CBP to discontinue the 
suspension of liquidation for CVD purposes for subject merchandise 
entered, or withdrawn from warehouse, on or after October 22, 2016, but 
to continue the suspension of liquidation of all entries from June 24, 
2016, or March 26, 2016, as applicable, through October 21, 2016.
    If the U.S. International Trade Commission (``ITC'') issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

International Trade Commission Notification

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

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
such to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials or, alternatively, conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation that is subject to sanction.
    This determination is published pursuant to section 705(d) and 
777(i) of the Act.

    Dated: January 4, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memo

I. Summary
II. Background
III. Final Determination of Critical Circumstances, in Part
IV. Scope of the Investigation

[[Page 3284]]

V. Application of the Countervailing Duty Law to Imports From the 
PRC
VI. Subsidy Valuation
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
    Comment 1: Whether the Export Buyer's Credit Program Was Used by 
Respondents
    Comment 2: Policy Loans for Geogrids Industry
    Comment 3: Whether the Provision of Polypropylene for LTAR Is 
Specific
    Comment 4: Whether To Attribute Polypropylene LTAR Benefits to 
Only Polypropylene Products
    Comment 5: Whether To Use a Different Polypropylene Benchmark
    Comment 6: Whether To Remove Certain Freight Expenses From the 
Polypropylene Benchmark
    Comment 7: Whether To Exclude Non-Production Related Income From 
the Denominator
    Comment 8: Whether To Exclude Negative Offsets in the Benefit 
Calculation for Electricity
    Comment 9: Whether To Apply AFA to BOSTD's Electricity
    Comment 10: Whether To Include Certain Loans in the Subsidy 
Calculations
    Comment 11: Whether To Include Certain Electricity Funds
    Comment 12: Whether the Department's Finding of Critical 
Circumstance for BOSTD Is Contrary to Law
    Comment 13: Land-Use Rights for LTAR, Plant and Equipment for 
LTAR, and Installment Plans for Land-Use Rights
XI. Recommendation

Appendix II

    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.

[FR Doc. 2017-00429 Filed 1-10-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                3282                                   Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices

                                                in the Federal Register (81 FR 93660)                                       SUPPLEMENTARY INFORMATION:                                                   amended (the ‘‘Act’’). For each of the
                                                proposed revisions to the user fees for                                                                                                                  subsidy programs found
                                                                                                                            Background
                                                export and investment promotion                                                                                                                          countervailable, we determine that there
                                                services/events. US&FCS is extending                                           The petitioner in this investigation is                                   is a subsidy (i.e., a financial
                                                the public comment period from                                              Tensar Corporation (‘‘Petitioner’’). In                                      contribution by an ‘‘authority’’ that
                                                January 16, 2016, until January 21, 2017.                                   addition to the Government of China                                          gives rise to a benefit to the recipient)
                                                                                                                            (‘‘GOC’’), the mandatory respondents in                                      and that the subsidy is specific. For a
                                                Aditi Palli,                                                                this investigation are BOSTD                                                 full description of the methodology
                                                Program Analyst International Trade                                         Geosynthetics Qingdao Ltd. and its                                           underlying our preliminary conclusions,
                                                Administration, U.S. & Foreign Commercial                                   crossed-owned company Beijing Orient
                                                Service.
                                                                                                                                                                                                         see the Issues and Decisions Memo.
                                                                                                                            Science & Technology Development Co.,
                                                [FR Doc. 2017–00310 Filed 1–10–17; 8:45 am]                                 Ltd. (‘‘BOSTD’’), and Taian Modern                                           Scope of the Investigation
                                                BILLING CODE 3510–FP–P                                                      Plastic Co., Ltd. (‘‘Taian Modern’’).                                          The products covered by this
                                                                                                                               The Department published its                                              investigation are geogrids from the PRC.
                                                                                                                            Preliminary Determination on June 24,                                        For a complete description of the scope
                                                DEPARTMENT OF COMMERCE                                                      2016, and its Amended Preliminary                                            of this investigation, see Appendix II.
                                                                                                                            Determination on July 26, 2016.1 A
                                                International Trade Administration                                          complete summary of the events that                                          Analysis of Subsidy Programs and
                                                                                                                            occurred since the Preliminary                                               Comments Received
                                                [C–570–037]
                                                                                                                            Determination, as well as a full
                                                                                                                                                                                                            All issues raised in the comments
                                                Countervailing Duty Investigation of                                        discussion of the issues raised by parties
                                                                                                                                                                                                         filed by interested parties to this
                                                Certain Biaxial Integral Geogrid                                            for this final determination, may be
                                                                                                                                                                                                         proceeding are discussed in the Issues
                                                Products From the People’s Republic                                         found in the ‘‘Countervailing Duty
                                                                                                                                                                                                         and Decision Memorandum. A list of
                                                of China: Final Affirmative                                                 Investigation of Certain Biaxial Integral
                                                                                                                            Geogrid Products from the People’s                                           the issues raised by interested parties
                                                Determination and Final Determination                                                                                                                    and responded to by the Department in
                                                of Critical Circumstances, in Part                                          Republic of China: Issues and Decision
                                                                                                                            Memorandum for the Final Affirmative                                         the Issues and Decisions Memo are
                                                                                                                            Determination,’’ 2 which is dated                                            attached at Appendix II to this notice.
                                                AGENCY:   Enforcement and Compliance,
                                                International Trade Administration,                                         concurrently with and hereby adopted                                         Use of Adverse Facts Available
                                                Department of Commerce.                                                     by this notice. The Issues and Decision
                                                                                                                            Memorandum is a public document and                                             For purposes of this final
                                                SUMMARY: The Department of Commerce                                                                                                                      determination, we relied, in part, on
                                                (the ‘‘Department’’) determines that                                        is available electronically via
                                                                                                                            Enforcement and Compliance’s                                                 facts available and, because certain
                                                countervailable subsidies are being                                                                                                                      respondents did not act to the best of
                                                provided to producers and exporters of                                      Antidumping and Countervailing Duty
                                                                                                                            Centralized Electronic Service System                                        their ability to respond to the
                                                certain biaxial integral geogrid products                                                                                                                Department’s requests for information,
                                                (‘‘geogrids’’) from the People’s Republic                                   (‘‘ACCESS’’). Access to ACCESS is
                                                                                                                            available to registered users at https://                                    we drew an adverse inference, where
                                                of China (the ‘‘PRC’’). The period of                                                                                                                    appropriate, in selecting from among the
                                                investigation is January 1, 2015, through                                   access.trade.gov and to all parties in the
                                                                                                                            Central Records Unit, Room B8024 of                                          facts otherwise available.3 A full
                                                December 31, 2015. For information on                                                                                                                    discussion of our decision to rely on
                                                the estimated subsidy rates, see the                                        the Department’s main building. In
                                                                                                                            addition, a complete version of the                                          adverse facts available is presented in
                                                ‘‘Suspension of Liquidation’’ section of                                                                                                                 the ‘‘Use of Facts Otherwise Available
                                                this notice.                                                                Issues and Decision Memorandum can
                                                                                                                            be viewed at http://                                                         and Adverse Inferences’’ section of the
                                                DATES: Effective January 11, 2017.                                                                                                                       Issues and Decisions Memo.
                                                                                                                            enforcement.trade.gov/frn. The signed
                                                FOR FURTHER INFORMATION CONTACT: Bob                                        Issues and Decision Memorandum and                                           Final Determination
                                                Palmer or Ryan Mullen, AD/CVD                                               the electronic version are identical in
                                                Operations, Office V, Enforcement and                                       content.                                                                       In accordance with sections
                                                Compliance, International Trade                                                                                                                          705(c)(1)(B)(i)(I) and 705(c)(5)(A)(i) of
                                                Administration, U.S. Department of                                          Methodology                                                                  the Act, we calculated an estimated
                                                Commerce, 1401 Constitution Avenue                                            The Department conducted this                                              countervailable subsidy rate for each
                                                NW., Washington, DC 20230; telephone                                        countervailing duty (‘‘CVD’’)                                                producer/exporter of the subject
                                                202–482–9068 or 202–482–5260,                                               investigation in accordance with section                                     merchandise individually investigated.
                                                respectively.                                                               701 of the Tariff Act of 1930, as                                            These rates are:

                                                                                                                                         Company                                                                                                     Subsidy rate

                                                BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient Science & Technology Development Co., Ltd .....................................                                                                           15.61
                                                Taian Modern Plastic Co., Ltd .......................................................................................................................................................                         56.24
                                                All-Others .......................................................................................................................................................................................            35.93

                                                   1 See Countervailing Duty Investigation of Certain                         2 See Memorandum from Gary Taverman,                                          3 See   sections 776(a) and (b) of the Act.
                                                Biaxial Integral Geogrid Products from the People’s                         Associate Deputy Assistant Secretary for
sradovich on DSK3GMQ082PROD with NOTICES




                                                Republic of China: Preliminary Determination and                            Antidumping and Countervailing Duty Operations,
                                                Alignment of Final Determination with Final                                 to Paul Piquado, Assistant Secretary for
                                                Antidumping Duty Determination, 81 FR 41292                                 Enforcement and Compliance, ‘‘ Countervailing
                                                (June 24, 2016) (‘‘Preliminary Determination’’) and                         Duty Investigation of Certain Biaxial Integral
                                                Certain Biaxial Integral Geogrid Products from the                          Geogrid Products from the People’s Republic of
                                                People’s Republic of China: Amended Preliminary                             China: Issues and Decision Memorandum for the
                                                Results of Countervailing Duty Investigation, 81 FR                         Final Affirmative Determination,’’ dated
                                                48384 (July 26, 2016) (‘‘Amended Preliminary                                concurrently with this notice (‘‘Issues and
                                                Determination’’).                                                           Decisions Memo’’).



                                           VerDate Sep<11>2014         19:05 Jan 10, 2017          Jkt 241001       PO 00000       Frm 00003        Fmt 4703       Sfmt 4703       E:\FR\FM\11JAN1.SGM              11JAN1


                                                                                       Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices                                                                                              3283

                                                                                                                                         Company                                                                                                      Subsidy rate

                                                Chengdu Tian Road Engineering Materials Co., Ltd * ..................................................................................................................                                         152.50
                                                Chongqing Jiudi Reinforced Soil Engineering Co., Ltd * ...............................................................................................................                                        152.50
                                                CNBM International Corporation * .................................................................................................................................................                            152.50
                                                Dezhou Yaohua Geosynthetics Ltd * .............................................................................................................................................                               152.50
                                                Dezhou Zhengyu Geosynthetics Ltd * ...........................................................................................................................................                                152.50
                                                Hongye Engineering Materials Co., Ltd * ......................................................................................................................................                                152.50
                                                Hubei Nete Geosynthetics Ltd * .....................................................................................................................................................                          152.50
                                                Jiangsu Dingtai Engineering Material Co., Ltd * ............................................................................................................................                                  152.50
                                                Jiangsu Jiuding New Material Ltd * ...............................................................................................................................................                            152.50
                                                Lewu New Material Ltd * ................................................................................................................................................................                      152.50
                                                Nanjing Jinlu Geosynthetics Ltd * ..................................................................................................................................................                          152.50
                                                Nanjing Kunchi Composite Material Ltd * ......................................................................................................................................                                152.50
                                                Nanyang Jieda Geosynthetics Co., Ltd * .......................................................................................................................................                                152.50
                                                Qingdao Hongda Plastics Corp * ...................................................................................................................................................                            152.50
                                                Shandong Dexuda Geosynthetics Ltd * .........................................................................................................................................                                 152.50
                                                Shandong Haoyang New Engineering Materials Co., Ltd * ..........................................................................................................                                              152.50
                                                Shandong Tongfa Glass Fiber Ltd * ..............................................................................................................................................                              152.50
                                                Shandong Xinyu Geosynthetics Ltd * ............................................................................................................................................                               152.50
                                                Tai’an Haohua Plastics Co., Ltd * ..................................................................................................................................................                          152.50
                                                Taian Hengbang Engineering Material Co., Ltd * ..........................................................................................................................                                     152.50
                                                Taian Naite Geosynthetics Ltd * ....................................................................................................................................................                          152.50
                                                Taian Road Engineering Materials Co., Ltd * ................................................................................................................................                                  152.50
                                                Tenax * ...........................................................................................................................................................................................           152.50
                                                Hengshui Zhongtiejian Group Co * ................................................................................................................................................                             152.50
                                                Qingdao Sunrise Dageng Import and Export Co., Ltd * ................................................................................................................                                          152.50
                                                  * 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 Issus and Decisions Memo.


                                                   In accordance with sections                                               Federal Register, for Taian Modern. In                                       not disclose such information, either
                                                705(c)(5)(A) of the Act, for companies                                       accordance with section 703(d) of the                                        publicly or under an administrative
                                                not investigated, we apply an ‘‘all-                                         Act, we instructed CBP to discontinue                                        protective order (‘‘APO’’), without the
                                                others’’ rate, which is normally                                             the suspension of liquidation for CVD                                        written consent of the Assistant
                                                calculated by weighting the subsidy                                          purposes for subject merchandise                                             Secretary for Enforcement and
                                                rates of the individual companies                                            entered, or withdrawn from warehouse,                                        Compliance.
                                                selected as mandatory respondents by                                         on or after October 22, 2016, but to
                                                those companies’ exports of the subject                                                                                                                   Return or Destruction of Proprietary
                                                                                                                             continue the suspension of liquidation
                                                merchandise to the United States. Under                                                                                                                   Information
                                                                                                                             of all entries from June 24, 2016, or
                                                section 705(c)(5)(i) of the Act, the all-                                    March 26, 2016, as applicable, through                                          In the event that the ITC issues a final
                                                others rate should exclude zero and de                                       October 21, 2016.                                                            negative injury determination, this
                                                minimis rates calculated for the                                                If the U.S. International Trade                                           notice will serve as the only reminder
                                                exporters and producers individually                                         Commission (‘‘ITC’’) issues a final                                          to parties such to an APO of their
                                                investigated as well as rates based                                          affirmative injury determination, we                                         responsibility concerning the
                                                entirely on facts otherwise available.                                       will issue a CVD order and will reinstate                                    destruction of proprietary information
                                                Notwithstanding the language of section                                      the suspension of liquidation under                                          disclosed under APO in accordance
                                                705(c)(5)(A)(i) of the Act, we have not                                      section 706(a) of the Act and will                                           with 19 CFR 351.305(a)(3). Timely
                                                calculated the ‘‘all-others’’ rate by                                        require a cash deposit of estimated                                          written notification of the return or
                                                weight-averaging the rates of the two                                        CVDs for such entries of subject                                             destruction of APO materials or,
                                                individually investigated respondents,                                       merchandise in the amounts indicated                                         alternatively, conversion to judicial
                                                because doing so risks disclosure of                                         above. If the ITC determines that                                            protective order, is hereby requested.
                                                proprietary information. Therefore, for                                      material injury, or threat of material                                       Failure to comply with the regulations
                                                the ‘‘all-others’’ rate, we calculated a                                     injury, does not exist, this proceeding                                      and terms of an APO is a violation that
                                                simple average of the two responding                                         will be terminated and all estimated                                         is subject to sanction.
                                                firms’ rates.                                                                duties deposited or securities posted as                                        This determination is published
                                                                                                                             a result of the suspension of liquidation                                    pursuant to section 705(d) and 777(i) of
                                                Suspension of Liquidation                                                                                                                                 the Act.
                                                                                                                             will be refunded or canceled.
                                                  As a result of our Preliminary                                                                                                                            Dated: January 4, 2017.
                                                Determination and pursuant to section                                        International Trade Commission
                                                                                                                             Notification                                                                 Paul Piquado,
                                                703(d) of the Act, we instructed U.S.
                                                                                                                                                                                                          Assistant Secretary for Enforcement and
                                                Customs and Border Protection (‘‘CBP’’)                                        In accordance with section 705(d) of                                       Compliance.
                                                to suspend liquidation of all entries of                                     the Act, we will notify the ITC of our
                                                geogrids from the PRC, that were                                             determination. In addition, we are                                           Appendix I
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                                                entered, or withdrawn from warehouse,                                        making available to the ITC all non-                                         List of Topics Discussed in the Preliminary
                                                for consumption on or after March 26,                                        privileged and non-proprietary                                               Decision Memo
                                                2016, for BOSTD and all other                                                information relating to this                                                 I. Summary
                                                companies, for which we found critical                                       investigation. We will allow the ITC                                         II. Background
                                                circumstances exist, and on or after June                                    access to all privileged and business                                        III. Final Determination of Critical
                                                24, 2016, the date of the publication of                                     proprietary information in our files,                                              Circumstances, in Part
                                                the Preliminary Determination in the                                         provided the ITC confirms that it will                                       IV. Scope of the Investigation



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                                                3284                        Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices

                                                V. Application of the Countervailing Duty               than 100,000 milligram-centimeter according            Determination.1 We invited interested
                                                     Law to Imports From the PRC                        to the ASTM D7748/D7748M Standard Test                 parties to comment on our Preliminary
                                                VI. Subsidy Valuation                                   Method for Flexural Rigidity of Geogrids,              Determination of sales at LTFV. For a
                                                VII. Benchmarks and Discount Rates                      Geotextiles and Related Products, or other
                                                                                                                                                               list of the parties that filed case and
                                                VIII. Use of Facts Otherwise Available and              equivalent test method standards.
                                                     Adverse Inferences                                    Subject merchandise includes material               rebuttal briefs, see the Issues and
                                                IX. Analysis of Programs                                matching the above description that has been           Decision Memorandum.2
                                                X. Analysis of Comments                                 finished, packaged, or otherwise further               Period of Investigation
                                                  Comment 1: Whether the Export Buyer’s                 processed in a third country, including by
                                                     Credit Program Was Used by                         trimming, slitting, coating, cutting, punching           The period of investigation (POI) is
                                                     Respondents                                        holes, stretching, attaching to woven or non-          July 1, 2015, through December 31,
                                                  Comment 2: Policy Loans for Geogrids                  woven fabric or sheet material, or any other           2015. This period corresponds to the
                                                     Industry                                           finishing, packaging, or other further                 two most recent fiscal quarters prior to
                                                  Comment 3: Whether the Provision of                   processing that would not otherwise remove             the month of the filing of the petition,
                                                     Polypropylene for LTAR Is Specific                 the merchandise from the scope of the                  which was January 2016.3
                                                  Comment 4: Whether To Attribute                       investigations if performed in the country of
                                                     Polypropylene LTAR Benefits to Only                manufacture of the biaxial integral geogrid.           Scope of the Investigation
                                                     Polypropylene Products                                The products subject to the scope are
                                                  Comment 5: Whether To Use a Different                 currently classified in the Harmonized Tariff
                                                                                                                                                                 The products covered by this
                                                     Polypropylene Benchmark                            Schedule of the United States (‘‘HTSUS’’)              investigation are geogrids from the
                                                  Comment 6: Whether To Remove Certain                  under the following subheading:                        People’s Republic of China (PRC).
                                                     Freight Expenses From the                          3926.90.9995. Subject merchandise may also             Subject geogrids enter the United States
                                                     Polypropylene Benchmark                            enter under subheadings 3920.20.0050 and               through Harmonized Tariff Schedule of
                                                  Comment 7: Whether To Exclude Non-                    3925.90.0000. The HTSUS subheadings set                the United States (HTSUS) statistical
                                                     Production Related Income From the                 forth above are provided for convenience and           subheading 3926.90.9995, but may also
                                                     Denominator                                        U.S. Customs purposes only. The written                enter through HTSUS subheadings
                                                  Comment 8: Whether To Exclude Negative                description of the scope is dispositive.               3920.20.0050 and 3925.90.0000. While
                                                     Offsets in the Benefit Calculation for             [FR Doc. 2017–00429 Filed 1–10–17; 8:45 am]
                                                     Electricity                                                                                               HTSUS subheadings are provided for
                                                  Comment 9: Whether To Apply AFA to                    BILLING CODE 3510–DS–P                                 convenience and Customs purposes, the
                                                     BOSTD’s Electricity                                                                                       written description of the scope of this
                                                  Comment 10: Whether To Include Certain                                                                       investigation is dispositive.
                                                     Loans in the Subsidy Calculations                  DEPARTMENT OF COMMERCE                                   No interested party commented on the
                                                  Comment 11: Whether To Include Certain                                                                       scope of this investigation. For a
                                                     Electricity Funds                                  International Trade Administration                     complete description of the scope of the
                                                  Comment 12: Whether the Department’s                  [A–570–036]                                            investigation, see Appendix I to this
                                                     Finding of Critical Circumstance for                                                                      notice.
                                                     BOSTD Is Contrary to Law                           Certain Biaxial Integral Geogrid
                                                  Comment 13: Land-Use Rights for LTAR,
                                                                                                        Products From the People’s Republic                    Analysis of Comments Received
                                                     Plant and Equipment for LTAR, and
                                                     Installment Plans for Land-Use Rights              of China: Final Determination of Sales                    We addressed all issues raised by
                                                XI. Recommendation                                      at Less Than Fair Value                                parties in case and rebuttal briefs in the
                                                                                                                                                               Issues and Decision Memorandum.4
                                                Appendix II                                             AGENCY:   Enforcement and Compliance,                  Appendix II to this notice includes a list
                                                                                                        International Trade Administration,                    of the issues which the parties raised
                                                   The products covered by the scope are                Department of Commerce.
                                                certain biaxial integral geogrid products.                                                                     and to which the Department responded
                                                Biaxial integral geogrid products are a                 SUMMARY: The Department of Commerce                    in the Issues and Decision
                                                polymer grid or mesh material (whether or               (Department) determines that certain                   Memorandum. The Issues and Decision
                                                not finished, slit, cut-to-length, attached to          biaxial integral geogrid products                      Memorandum is a public document and
                                                woven or non-woven fabric or sheet material,            (geogrids) are being, or are likely to be,             is on file electronically via Enforcement
                                                or packaged) in which four-sided openings in            sold in the United States at less than fair            and Compliance’s Antidumping and
                                                the form of squares, rectangles, rhomboids,             value (LTFV), as provided in section                   Countervailing Duty Centralized
                                                diamonds, or other four-sided figures                   735 of the Tariff Act of 1930, as                      Electronic Service System (ACCESS).
                                                predominate. The products covered have
                                                                                                        amended (the Act). The final weighted-                 ACCESS is available to registered users
                                                integral strands that have been stretched to
                                                induce molecular orientation into the                   average dumping margins for the                        at http://access.trade.gov. The Issues
                                                material (as evidenced by the strands being             investigation on geogrids from the PRC                 and Decision Memorandum is available
                                                thinner in width toward the middle between              are listed in the ‘‘Final Determination
                                                the junctions than at the junctions                     Margins’’ section of this notice.                        1 See Certain Biaxial Integral Geogrid Products

                                                themselves) constituting the sides of the               DATES: Effective January 11, 2017.                     from the People’s Republic of China: Affirmative
                                                openings and integral junctions where the                                                                      Preliminary Determination of Sales at Less Than
                                                                                                        FOR FURTHER INFORMATION CONTACT: Julia                 Fair Value, Affirmative Determination of Critical
                                                strands intersect. The scope includes
                                                products in which four-sided figures
                                                                                                        Hancock or Susan Pulongbarit, AD/CVD                   Circumstances, in Part, and Postponement of Final
                                                                                                        Operations, Office V, Enforcement and                  Determination, 81 FR 56584 (August 22, 2015)
                                                predominate whether or not they also contain                                                                   (Preliminary Determination) and accompanying
                                                additional strands intersecting the four-sided          Compliance, International Trade                        Preliminary Decision Memorandum.
                                                figures and whether or not the inside corners           Administration, U.S. Department of                       2 See Memorandum from Gary Taverman,

                                                of the four-sided figures are rounded off or            Commerce, 1401 Constitution Avenue                     Associate Deputy Assistant Secretary for
                                                not sharp angles. As used herein, the term              NW., Washington, DC 20230; telephone:                  Antidumping and Countervailing Duty Operations,
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                                                ‘‘integral’’ refers to strands and junctions that                                                              to Paul Piquado, Assistant Secretary for
                                                                                                        (202) 482–1394 or (202) 482–4031,                      Enforcement and Compliance, ‘‘Issues and Decision
                                                are homogenous with each other. The                     respectively.                                          Memorandum for the Final Determination of the
                                                products covered have a tensile strength of                                                                    Antidumping Duty Investigation of Certain Biaxial
                                                greater than 5 kilonewtons per meter (‘‘kN/             SUPPLEMENTARY INFORMATION:
                                                                                                                                                               Integral Geogrid Products from the People’s
                                                m’’) according to American Society for                  Background                                             Republic of China,’’ dated concurrently with this
                                                Testing and Materials (‘‘ASTM’’) Standard                                                                      notice (Issues and Decision Memorandum).
                                                Test Method D6637/D6637M in any direction                 On August 22, 2016, the Department                     3 See 19 CFR 351.204(b)(1).

                                                and average overall flexural stiffness of more          published its Preliminary                                4 See Issues and Decision Memorandum.




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Document Created: 2018-02-01 14:59:25
Document Modified: 2018-02-01 14:59:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective January 11, 2017.
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 Citation82 FR 3282 

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