[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61565-61566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22153]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-036, C-570-037]
Certain Biaxial Integral Geogrid Products From the People's
Republic of China: Continuation of Antidumping Duty Order and
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on certain biaxial integral geogrid products (geogrids)
from the People's Republic of China (China) would likely lead to
continuation or recurrence of dumping, countervailable subsidies, and
material injury to an industry in the United States, Commerce is
publishing a notice of continuation of the AD and CVD orders.
DATES: Applicable October 12, 2022.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2017, Commerce published the AD and CVD orders on
geogrids from China.\1\ On February 1, 2022, the ITC instituted,\2\ and
Commerce initiated, the first sunset reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\3\ As a
result of its reviews, Commerce determined that revocation of the
Orders would likely lead to continuation or recurrence of dumping and
countervailable subsidies and, therefore, notified the ITC of the
magnitude of the margins and net countervailable subsidy rates likely
to prevail should the Orders be revoked.\4\
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\1\ See Certain Biaxial Integral Geogrid Products from the
People's Republic of China: Antidumping Duty Order, 82 FR 12440
(March 3, 2017); and Certain Biaxial Integral Geogrid Products from
the People's Republic of China: Countervailing Duty Order, 82 FR
12437 (March 3, 2017) (collectively, Orders).
\2\ See Biaxial Integral Geogrid Products from China;
Institution of Five-Year Reviews, 87 FR 5508 (February 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 5467
(February 1, 2022).
\4\ See Certain Biaxial Integral Geogrid Products from the
People's Republic of China: Final Results of the Expedited First
Sunset Review of Antidumping Duty Order, 87 FR 34847 (June 8, 2022);
and 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, 87 FR 31521 (May 24, 2022).
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On October 4, 2022, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Biaxial Integral Geogrid Products from China, 87 FR
60199 (October 4, 2022).
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Scope of the Orders
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 nonwoven
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 Orders 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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping and countervailable subsidies, as well as
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, Commerce hereby orders the continuation
of the Orders. U.S. Customs and Border Protection will continue to
collect AD and CVD cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year reviews of the Orders not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
[[Page 61566]]
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of the APO is a sanctionable
violation.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published in accordance with section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: October 5, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-22153 Filed 10-11-22; 8:45 am]
BILLING CODE 3510-DS-P