[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48384-48386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17565]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-037]


Certain Biaxial Integral Geogrid Products From the People's 
Republic of China: Amended Preliminary Results of Countervailing Duty 
Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 24, 2016, the Department of Commerce (``Department'') 
published in the Federal Register the Preliminary Determination of the 
countervailing duty (``CVD'') investigation on certain biaxial integral 
geogrid products (``geogrids'') from the People's Republic of China 
(``PRC''). The Department is amending the Preliminary Determination of 
the investigation to correct three ministerial errors.

DATES: Effective June 24, 2016.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Ryan Mullen, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202) 
482-5260, respectively.

SUPPLEMENTARY INFORMATION: On June 24, 2016, the Department published 
in the Federal Register the Preliminary Determination of the CVD 
investigation of geogrids from the PRC.\1\ On June 24, 2016, and June 
27, 2016, respectively, Taian Modern Plastic Co., Ltd. (``Taian 
Modern'') and BOSTD Geosynthetics Qingdao Ltd. (``BOSTD Qingdao'') 
alleged that the Department made significant ministerial errors in the 
Preliminary Determination.\2\
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    \1\ See Countervailing Duty Investigation of Certain Biaxial 
Integral Geogrid Products From the People's Republic of China: 
Preliminary Determination and Alignment of Final Determination With 
Final Antidumping Determination, 81 FR 41292 (June 24, 2016) 
(``Preliminary Determination'').
    \2\ On June 30, 2016 the Department received comments submitted 
by Tensar Corporation in reply to the ministerial allegations of 
Taian Modern and BOSTD Qingdao. However, in accordance with 19 CFR 
351.224(c)(3), these reply comments were rejected from the record. 
See Letter from Catherine Bertrand, Program Manager, Office V, 
``Certain Biaxial Integral Geogrids Products from the People's 
Republic of China: Tensar Corporation's Ministerial Reply Comments'' 
(July 5, 2016).
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Significant Ministerial Error

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (``the Act''), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \3\ With respect to preliminary determinations, 19 CFR 
351.224(e) provides that the Department ``will analyze any comments 
received and, if appropriate, correct any significant ministerial error 
by amending the preliminary determination . . .'' A significant

[[Page 48385]]

ministerial error is defined as an error, the correction of which, 
singly or in combination with other errors, would result in: (1) A 
change of at least five absolute percentage points in, but not less 
than 25 percent of, the countervailable subsidy rate calculated in the 
original (erroneous) preliminary determination; or (2) a difference 
between a countervailable subsidy rate of zero (or de minimis) and a 
countervailable subsidy rate of greater than de minimis or vice 
versa.\4\ As explained further in the Ministerial Error Memorandum 
issued concurrently with this Notice,\5\ and pursuant to 19 CFR 
351.224(e) and (g), the Department is amending the Preliminary 
Determination to reflect the correction of three ministerial errors 
made in the calculation of the subsidy rates for Taian Modern and BOSTD 
Qingdao.
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    \3\ See also 19 CFR 351.224(f).
    \4\ See 19 CFR 351.224(g) (1), (2).
    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from James Doyle, Director, Office V, 
through Christian Marsh, Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, entitled, ``Countervailing Duty 
Investigation of Certain Biaxial Integral Geogrid Products from the 
People's Republic of China: Allegation of Significant Ministerial 
Errors in the Preliminary Determination,'' dated concurrently with 
this notice (``Ministerial Error Memorandum''). This memorandum is 
on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System 
(``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce 
building.
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Ministerial Error Allegations

    Taian Modern alleges that, although the Department stated in the 
Preliminary Determination that it was using total sales as the 
denominator in calculating the subsidy rate because the programs were 
considered domestic subsidies, the Department actually used only Taian 
Modern's sales of geogrids as the denominator in its calculations.
    After comparing the ministerial error allegations against record 
evidence, in accordance with section 751(h) of the Act, we agree that 
we inadvertently used only Taian Modern's sales of geogrids in our 
calculation instead of total sales. This resulted in a significant 
error within the meaning of section 735(e) of the Act and 19 CFR 
351.224(g). We have corrected this error in this notice.
    BOSTD Qingdao alleges that in the Preliminary Determination, the 
Department stated that it would add to the purchase price for each 
individual domestic purchase the reported delivery charge and VAT paid 
to obtain a total amount paid. However, the Department unintentionally 
included BOSTD Qingdao's purchases of imported (e.g., non-Chinese 
origin) polypropylene in the less-than-adequate-remuneration (``LTAR'') 
calculation.
    Next, with respect to the electricity for LTAR calculation, BOSTD 
Qingdao alleges that the Department made an error in addition. In the 
Department's calculation worksheet, the benefit totals from each of the 
various electricity categories was hardcode rather than a sum formula. 
The actual sum of BOSTD Qingdao's electricity benefit is considerably 
less.
    After comparing the ministerial error allegations against record 
evidence, in accordance with section 751(h) of the Act, we agree with 
BOSTD Qingdao that we inadvertently included BOSTD Qingdao's purchases 
of imported polypropylene in the LTAR calculation. We also agree that 
we miscalculated the benefit total of the various electricity 
categories. These errors resulted in a significant error within the 
meaning of section 735(e) of the Act and 19 CFR 351.224(g). We have 
corrected these errors in this notice.

Amended Preliminary Determination

    We are amending the preliminary countervailing duty rates for Taian 
Modern and BOSTD Qingdao pursuant to 19 CFR 351.224(e). In addition, 
the preliminary ``All-Others'' Rate was based on the simple average of 
the subsidy rates calculated for Taian Modern and BOSTD Qingdao. Thus, 
we are also amending the ``All-Others'' rate to account for the change 
in Taian Modern's and BOSTD Qingdao's subsidy rate. Specifically, we 
are calculating the simple average of the corrected subsidy rate for 
Taian Modern and BOSTD Qingdao. Further, correcting Taian Modern's 
``Provision of Polypropylene for LTAR'' error and BOSTD Qingdao's 
``Provision of Electricity for LTAR'' calculation leads to a change in 
the adverse facts available rate.\6\ The revised subsidy rates are as 
follows:
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    \6\ See Ministerial Error Memorandum for the revised adverse 
facts available rate.

------------------------------------------------------------------------
                         Company                           Subsidy rate
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BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient                 5.19
 Science & Technology Development Co., Ltd..............
Taian Modern Plastic Co., Ltd...........................           20.79
All-Others..............................................           12.99
Chengdu Tian Road Engineering Materials Co., Ltd.*......          119.13
Chongqing Jiudi Reinforced Soil Engineering Co., Ltd.*..          119.13
CNBM International Corporation *........................          119.13
Dezhou Yaohua Geosynthetics Ltd.*.......................          119.13
Dezhou Zhengyu Geosynthetics Ltd.*......................          119.13
Hongye Engineering Materials Co., Ltd.*.................          119.13
Hubei Nete Geosynthetics Ltd.*..........................          119.13
Jiangsu Dingtai Engineering Material Co., Ltd.*.........          119.13
Jiangsu Jiuding New Material Ltd.*......................          119.13
Lewu New Material Ltd.*.................................          119.13
Nanjing Jinlu Geosynthetics Ltd.*.......................          119.13
Nanjing Kunchi Composite Material Ltd.*.................          119.13
Nanyang Jieda Geosynthetics Co., Ltd.*..................          119.13
Qingdao Hongda Plastics Corp.*..........................          119.13
Shandong Dexuda Geosynthetics Ltd.*.....................          119.13
Shandong Haoyang New Engineering Materials Co., Ltd.*...          119.13
Shandong Tongfa Glass Fiber Ltd.*.......................          119.13
Shandong Xinyu Geosynthetics Ltd.*......................          119.13
Tai'an Haohua Plastics Co., Ltd.*.......................          119.13
Taian Hengbang Engineering Material Co., Ltd.*..........          119.13
Taian Naite Geosynthetics Ltd.*.........................          119.13
Taian Road Engineering Materials Co., Ltd.*.............          119.13
Tenax *.................................................          119.13

[[Page 48386]]

 
Hengshui Zhongtiejian Group Co.*........................          119.13
Qingdao Sunrise Dageng Import and Export Co., Ltd.*.....          119.13
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* Non-cooperative company to which an adverse facts available rate is
  being applied. See Countervailing Duty Investigation of Certain
  Biaxial Integral Geogrid Products From the People's Republic of China:
  Preliminary Determination and Alignment of Final Determination With
  Final Antidumping Determination, 81 FR 41292 (June 24, 2016) and
  accompanying Preliminary Decision Memo at ``Use of Facts Otherwise
  Available and Adverse Inferences.''

    These amended preliminary results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: July 19, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-17565 Filed 7-22-16; 8:45 am]
BILLING CODE 3510-DS-P