Certain Biaxial Integral Geogrid Products From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain biaxial integral geogrid products (geogrids) from the People's...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain biaxial integral geogrid products (geogrids) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the “Final Results of Sunset Review” section of this notice.
DATES:
Applicable May 24, 2022.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy, 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) 482-8194.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2017, Commerce published in the
Federal Register
the CVD order on geogrids from China.[1]
On February 1, 2022, Commerce initiated the first sunset review of the
Order,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).[2]
On February 16, 2022, Commerce received a timely filed notice of intent to participate from Tensar Corporation (Tensar), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).[3]
Tensar claimed interested party status under section 771(9)(C) of the Act as a producer of the domestic like product.
On March 3, 2022, Commerce received an adequate substantive response to the
Initiation Notice
from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).[4]
We received no substantive responses from any other interested parties, including the Government of China. On March 21, 2022, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.[5]
As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)-(C), Commerce conducted an expedited (120-day) sunset review of the
Order.
( printed page 31522)
Scope of the Order
The products covered by the
Order
are geogrids from China. For a complete description of the scope of the
Order, see
Appendix I.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum.[6]
The issues discussed in the Issues and Decision Memorandum are listed in Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the
Order
would likely lead to continuation or recurrence of countervailable subsidies at the rates listed below.
Exporter/producer
Net countervailable subsidy rate
(percent)
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient Science & Technology Development Co., Ltd
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
All-Others
35.93
Administrative Protective Order (APO)
This notice serves as the only reminder to interested parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.
Dated: May 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
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.
( printed page 31523)
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
Order
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the
Order
IV. History of the
Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rate Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
Footnotes
1.
See Certain Biaxial Integral Geogrid Products from the People's Republic of China: Countervailing Duty Order,82 FR 12437 (March 3, 2017) (
Order).
3.
See
Tensar's Letter, “Notice of Intent to Participate in the First Five-Year Review of the Countervailing Duty Order on Certain Biaxial Integral Geogrid Products from the People's Republic of China,” dated February 16, 2022.
6.
See
Memorandum, “Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Certain Biaxial Integral Geogrid Products from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Use this for formal legal and research references to the published document.
87 FR 31521
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Biaxial Integral Geogrid Products From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order,” thefederalregister.org (May 24, 2022), https://thefederalregister.org/documents/2022-11158/certain-biaxial-integral-geogrid-products-from-the-people-s-republic-of-china-final-results-of-the-expedited-first-sunse.