Polyester Textured Yarn From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 19040-19043 [2019-09065]
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Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices
estimated duties on this subject
merchandise, a cash deposit equal to the
subsidy rates listed below.6
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request Commerce to extend that fourmonth period to no more than six
months. At the request of mandatory
respondent, HengTong Casting Co., Ltd.,
which accounts for a significant
proportion of cast iron soil pipe from
China, Commerce extended the fourmonth period to six months in this
case.7 Commerce published its
Preliminary Determination on July 2,
2018. Therefore, the extended period,
beginning on the date of publication of
the Preliminary Determination, ended
on December 29, 2018. Furthermore,
section 737(b) of the Act states that
definitive duties are to begin on the date
of publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of cast iron soil pipe from China
entered, or withdrawn from warehouse,
for consumption on or after December
29, 2018, the date the provisional
measures expired, through the day
preceding the date of publication of the
ITC’s final injury determination in the
Federal Register. Suspension of
liquidation will resume on the date of
publicationof the ITC’s final
determination in the Federal Register.
Estimated Subsidy Margins
Subsidy rate
(percent)
Exporter/producer
Kingway Pipe Co., Ltd .........................................................................................................................................................................
Yuncheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd 8 ............................................................................
All-Others .............................................................................................................................................................................................
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to cast iron soil pipe from China
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: April 26, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–09067 Filed 5–2–19; 8:45 am]
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Appendix
BILLING CODE 3510–DS–P
Scope of the Order
The merchandise covered by this order is
cast iron soil pipe, whether finished or
unfinished, regardless of industry or
proprietary specifications, and regardless of
wall thickness, length, diameter, surface
finish, end finish, or stenciling. The scope of
this order includes, but is not limited to, both
hubless and hub and spigot cast iron soil
pipe. Cast iron soil pipe is nonmalleable iron
pipe of various designs and sizes. Cast iron
soil pipe is generally distinguished from
other types of nonmalleable cast iron pipe by
the manner in which it is connected to cast
iron soil pipe fittings.
Cast iron soil pipe is classified into two
major types—hubless and hub and spigot.
Hubless cast iron soil pipe is manufactured
without a hub, generally in compliance with
Cast Iron Soil Pipe Institute (CISPI)
6 See
section 706(a)(3) of the Act.
Preliminary Determination, 83 FR at 44569.
8 Commerce initiated this proceeding on two
respondents ‘‘Jiangxian Economic Development
Zone Heng (Jiangxian) and Kingway Pipe Co Ltd
(Kingway)’’ based on CBP data. We have accepted
7 See
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specification 301 and/or American Society
for Testing and Materials (ASTM)
specification A888, including any revisions
to those specifications. Hub and spigot pipe
has one or more hubs into which the spigot
(plain end) of a fitting is inserted. All pipe
meeting the physical description set forth
above is covered by the scope of this order,
whether or not produced according to a
particular standard.
The subject imports are currently classified
in subheading 7303.00.0030 of the
Harmonized Tariff Schedule of the United
States (HTSUS): Cast iron soil pipe. The
HTSUS subheading and specifications are
provided for convenience and customs
purposes only; the written description of the
scope of this order is dispositive.
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DEPARTMENT OF COMMERCE
International Trade Administration
Polyester Textured Yarn From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination, and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
AGENCY:
HengTong’s request to reflect its name as ‘‘Yucheng
Jiangxian Economic Development Zone HengTong
Casting Co., Ltd. (HengTong),’’ which is the name
we have used in this proceeding.
1 See Polyester Textured Yarn from India and the
People’s Republic of China: Initiation of
Frm 00011
that countervailable subsidies are being
provided to producers and exporters of
polyester textured yarn (yarn) from the
People’s Republic of China (China) for
the period of investigation (POI) January
1, 2017 through December 31, 2017.
Interested parties are invited to
comment on this preliminary
determination.
DATES:
Effective May 3, 2019.
Bob
Palmer or Joseph Dowling, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9068 or (202) 482–1646,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
[C–570–098]
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This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 19, 2018.1
On February 1, 2019, pursuant to a
request from the Unifi Manufacturing,
Inc. and Nan Ya Plastics Corporation
(the petitioners),2 Commerce postponed
the preliminary determination of this
Countervailing Duty Investigations, 83 FR 58232
(November 19, 2018) (Initiation Notice).
2 See Letter, ‘‘Countervailing Duty Investigation of
Polyester Textured Yarn from China: Petitioners’
Request to Postpone Preliminary Determination,’’
dated December 10, 2018.
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investigation to March 18, 2019.3 On
April 18, 2019, Commerce issued its
preliminary critical circumstances
determination determining that critical
circumstances exist for imports from all
producers and exporters of the subject
merchandise from China.4 Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.5 If the
new deadline falls on a non-business
day, in accordance with Commerce’s
practice, the deadline will become the
next business day. The revised deadline
for the preliminary determination is
now April 26, 2019.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
3 See Polyester Textured Yarn from India and the
People’s Republic of China: Postponement of
Preliminary Determinations in the Countervailing
Duty Investigations, 84 FR 1062 (February 1, 2019).
4 See Polyester Textured Yarn from the People’s
Republic of China: Preliminary Affirmative
Determination of Critical Circumstances in the
Antidumping and Countervailing Duty
Investigations, 84 FR 16840 (April 23, 2019)
(Preliminary Affirmative Critical Circumstances
Determination).
5 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Polyester
Textured Yarn from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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16:41 May 02, 2019
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of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is polyester textured yarn
from China. For a complete description
of the scope of this investigation, see
Appendix I and ‘‘Scope Comments’’
section below.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,7 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).8 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
responses submitted to the record for
this preliminary determination, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.9 Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice to exclude bulk continuous
filament yarn. See revised scope in
Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.10 In making
these findings, Commerce relied, in
part, on facts available and, because it
finds that certain respondents did not
act to the best of their ability to respond
to Commerce’s requests for information,
it drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.11 For further
information, see ‘‘Use of Facts
7 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
8 See Initiation Notice, 83 FR at 58233.
9 See Memorandum, ‘‘Polyester Textured Yarn
from India and the People’s Republic of China:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
10 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
11 See sections 776(a) and (b) of the Act.
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Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum. For a full description of
the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
Commerce is aligning the final
countervailing duty determination in
this investigation with the final
determination in the companion
antidumping duty investigation of yarn
from China, based on a request made by
the petitioners.12 Consequently, the
final countervailing duty determination
will be issued on the same date as the
final antidumping determination, which
is currently scheduled to be issued no
later than September 9, 2019, unless
postponed.
All-Others Rate
Sections 703(d)(1)(A)(i) and
705(c)(5)(A) of the Act provide that in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely on facts otherwise
available, as outlined under section 776
of the Act.
In this investigation, Commerce
preliminarily assigned rates based
entirely on facts available for Suzhou
Shenghong Fiber Co., Ltd. and its crossowned affiliates, and Suzhou
Shenghong Garmant Development Co.
Therefore, the only rate that is not zero,
de minimis or based entirely on facts
otherwise available is the rate calculated
for Fujian Billion Polymerization Fiber
Technology Industrial Co., Ltd. (Fujian
Billion). Consequently, the rate
calculated for Fujian Billion is also
assigned as the rate for all other
producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
12 See Petitioners’ Letter, ‘‘Polyester Textured
Yarn from China and India—Petitioners’ Request to
Align the Department’s Final Determinations,’’
dated March 29, 2019.
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Subsidy rate
(percent)
Company
Fujian Billion Polymerization Fiber Technology Industrial Co., Ltd 13 .................................................................................................
Suzhou Shenghong Fiber Co., Ltd 14 ..................................................................................................................................................
Suzhou Shenghong Garmant Development Co ..................................................................................................................................
All Others .............................................................................................................................................................................................
Suspension of Liquidation
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In accordance with sections
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances,15 any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which the notice of initiation of
the investigation was published.
Commerce preliminarily found that
critical circumstances exist for all
imports of subject merchandise from
China. In accordance with section
703(e)(2)(A) of the Act, the suspension
of liquidation shall apply to
unliquidated entries from all exporters
and producers of the subject
merchandise from China that were
entered, or withdrawn from warehouse,
for consumption on or after the date
which is 90 days before the publication
of this notice.
13 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Fujian Billion:
(1) Billion Development (Hong Kong) Limited and
(2) Billion Industrial Investment Limited.
14 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Suzhou
Shenghong Fiber Co., Ltd.: (1) Jiangsu Zhonglu
Technology Development Co., Ltd., (2) Jiangsu
Guowang High-Technique Fiber Co., Ltd., (3)
Jiangsu Shenghong Science and Technology Co.,
Ltd., (4) Jiangsu Honggang Petrochemical Co., Ltd.,
(5) Shenghong Group Co., Ltd., (6) Shenghong
Holding Group, Co., Ltd., (7) Shenghong (Suzhou)
Group Co., Ltd., (8) Jiangsu Shenghong Investment
Development Co., Ltd., (9) Jiangsu Shenghong New
Material Co., Ltd., and (10) Jiangsu Shenghong
Textile Imp & Exp Co. and its successor Jiangsu
Huahui Import and Export Co., Ltd.
15 See Preliminary Affirmative Critical
Circumstances Determination, 84 FR at 16842.
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Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
As stated in the Preliminary Scope
Decision Memorandum, all interested
parties will have the opportunity to
submit case and rebuttal briefs on the
preliminary scope determination.16 The
deadline for these comments will be
established in the Federal Register
notice regarding the preliminary
determination of the companion
antidumping duty investigation of yarn
from China to be issued at a later date.
Case briefs or other written
comments, not pertaining to scope
issues, may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.17
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
16 See
Preliminary Scope Decision Memorandum.
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
17 See
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32.04
459.98
459.98
32.04
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. Pursuant to section
705(b)(2) of the Act, if the final
determination is affirmative, the ITC
will make its final injury determination
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: April 26, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation, polyester textured yarn, is
synthetic multifilament yarn that is
manufactured from polyester (polyethylene
terephthalate). Polyester textured yarn is
produced through a texturing process, which
imparts special properties to the filaments of
the yarn, including stretch, bulk, strength,
moisture absorption, insulation, and the
appearance of a natural fiber. This scope
includes all forms of polyester textured yarn,
regardless of surface texture or appearance,
yarn density and thickness (as measured in
denier), number of filaments, number of
plies, finish (luster), cross section, color, dye
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method, texturing method, or packing
method (such as spindles, tubes, or beams).
Excluded from the scope of the
investigation is bulk continuous filament
yarn that: (a) Is polyester synthetic
multifilament yarn; (b) has denier size ranges
of 900 and above; (c) has turns per meter of
40 and above; and (d) has a maximum
shrinkage of 2.5 percent.
The merchandise subject to this
investigation is properly classified under
subheadings 5402.33.3000 and 5402.33.6000
of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Preliminary Determination of Critical
Circumstances
IV. Injury Test
V. Application of the CVD Law to Imports
From China
VI. Diversification of China’s Economy
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Conclusion
[FR Doc. 2019–09065 Filed 5–2–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Initiation of Anti-Circumvention Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Diamond Sawblades Manufacturers’
Coalition (the petitioner), the
Department of Commerce (Commerce) is
initiating an anti-circumvention inquiry
to determine whether certain imports of
diamond sawblades and parts thereof
(diamond sawblades) comprised of
cores and segments produced in the
People’s Republic of China (China) and
joined into finished diamond sawblades
in, and exported from, Canada are
circumventing the antidumping duty
order on diamond sawblades from
China.
DATES: Effective May 3, 2019.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun, AD/CVD Operations
Office I, Enforcement and Compliance,
International Trade Administration,
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AGENCY:
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U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5760.
SUPPLEMENTAL INFORMATION:
Background
On November 4, 2009, Commerce
published the antidumping duty order
on diamond sawblades from China.1 On
December 20, 2018, the petitioner filed
a request for a circumvention ruling,
requesting that Commerce issue a
determination of circumvention and
suspend liquidation of certain diamond
sawblades exported from third
countries.2 Specifically, the petitioner
claims that a Canadian company,
Protech Diamond Tools Inc. (Protech), is
circumventing the antidumping duty
order.
Scope of the Order
The products covered by the order are
all finished circular sawblades, whether
slotted or not, with a working part that
is comprised of a diamond segment or
segments, and parts thereof, regardless
of specification or size, except as
specifically excluded below. Within the
scope of the order are semi-finished
diamond sawblades, including diamond
sawblade cores and diamond sawblade
segments. Diamond sawblade cores are
circular steel plates, whether or not
attached to non-steel plates, with slots.
Diamond sawblade cores are
manufactured principally, but not
exclusively, from alloy steel. A diamond
sawblade segment consists of a mixture
of diamonds (whether natural or
synthetic, and regardless of the quantity
of diamonds) and metal powders
(including, but not limited to, iron,
cobalt, nickel, tungsten carbide) that are
formed together into a solid shape (from
generally, but not limited to, a heating
and pressing process).
Sawblades with diamonds directly
attached to the core with a resin or
electroplated bond, which thereby do
not contain a diamond segment, are not
included within the scope of the order.
Diamond sawblades and/or sawblade
cores with a thickness of less than 0.025
inches, or with a thickness greater than
1.1 inches, are excluded from the scope
of the order. Circular steel plates that
have a cutting edge of non-diamond
material, such as external teeth that
protrude from the outer diameter of the
plate, whether or not finished, are
1 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China and the Republic of
Korea: Antidumping Duty Orders, 74 FR 57145
(November 4, 2009). The effective date of this
antidumping duty order was January 23, 2009.
2 See the petitioner’s circumvention ruling
request dated December 20, 2018 (the petitioner’s
circumvention ruling request).
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excluded from the scope of the order.
Diamond sawblade cores with a
Rockwell C hardness of less than 25 are
excluded from the scope of the order.
Diamond sawblades and/or diamond
segment(s) with diamonds that
predominantly have a mesh size number
greater than 240 (such as 250 or 260) are
excluded from the scope of the order.
Merchandise subject to the order is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
When packaged together as a set for
retail sale with an item that is separately
classified under headings 8202 to 8205
of the HTSUS, diamond sawblades or
parts thereof may be imported under
heading 8206.00.00.00 of the HTSUS.
On October 11, 2011, Commerce
included the 6804.21.00.00 HTSUS
classification number to the customs
case reference file, pursuant to a request
by U.S. Customs and Border Protection.3
Pursuant to requests by CBP, Commerce
included to the customs case reference
file the following HTSUS classification
numbers: 8202.39.0040 and
8202.39.0070 on January 22, 2015, and
6804.21.0010 and 6804.21.0080 on
January 26, 2015.4
The tariff classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
Merchandise Subject to the AntiCircumvention Inquiry
This anti-circumvention inquiry
covers diamond sawblades produced in
Canada using cores and segments of
Chinese origin and exported from
Canada to the United States by Protech.
If we receive additional evidence
regarding potential circumvention of the
order on diamond sawblades from
China by other companies in Canada,
we will consider expanding the scope of
this inquiry at that time.
Initiation of Anti-Circumvention
Inquiry
Section 781(b)(1) of the Tariff Act of
1930, as amended (the Act), provides
that Commerce may find circumvention
of an antidumping or countervailing
duty order if: (A) Merchandise imported
into the United States is of the same
class or kind as any merchandise
produced in a foreign country that is the
3 See Diamond Sawblades and Parts Thereof from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
76128 (December 6, 2011).
4 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 64331 (December 14, 2018) and
accompanying Issues and Decision Memorandum
(IDM) at 3.
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]]>Agencies
[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Notices]
[Pages 19040-19043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09065]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-098]
Polyester Textured Yarn From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of polyester textured yarn (yarn) from the People's Republic
of China (China) for the period of investigation (POI) January 1, 2017
through December 31, 2017. Interested parties are invited to comment on
this preliminary determination.
DATES: Effective May 3, 2019.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Joseph Dowling, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-1646, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November
19, 2018.\1\
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\1\ See Polyester Textured Yarn from India and the People's
Republic of China: Initiation of Countervailing Duty Investigations,
83 FR 58232 (November 19, 2018) (Initiation Notice).
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On February 1, 2019, pursuant to a request from the Unifi
Manufacturing, Inc. and Nan Ya Plastics Corporation (the
petitioners),\2\ Commerce postponed the preliminary determination of
this
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\2\ See Letter, ``Countervailing Duty Investigation of Polyester
Textured Yarn from China: Petitioners' Request to Postpone
Preliminary Determination,'' dated December 10, 2018.
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[[Page 19041]]
investigation to March 18, 2019.\3\ On April 18, 2019, Commerce issued
its preliminary critical circumstances determination determining that
critical circumstances exist for imports from all producers and
exporters of the subject merchandise from China.\4\ Commerce exercised
its discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018, through the resumption of
operations on January 29, 2019.\5\ If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will
become the next business day. The revised deadline for the preliminary
determination is now April 26, 2019.
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\3\ See Polyester Textured Yarn from India and the People's
Republic of China: Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, 84 FR 1062 (February 1, 2019).
\4\ See Polyester Textured Yarn from the People's Republic of
China: Preliminary Affirmative Determination of Critical
Circumstances in the Antidumping and Countervailing Duty
Investigations, 84 FR 16840 (April 23, 2019) (Preliminary
Affirmative Critical Circumstances Determination).
\5\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Polyester
Textured Yarn from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is polyester textured
yarn from China. For a complete description of the scope of this
investigation, see Appendix I and ``Scope Comments'' section below.
Scope Comments
In accordance with the preamble to Commerce's regulations,\7\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\8\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\9\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice to exclude bulk continuous filament yarn. See
revised scope in Appendix I.
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\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\8\ See Initiation Notice, 83 FR at 58233.
\9\ See Memorandum, ``Polyester Textured Yarn from India and the
People's Republic of China: Scope Comments Decision Memorandum for
the Preliminary Determinations,'' dated concurrently with this
notice (Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that
confers a benefit to the recipient, and that the subsidy is
specific.\10\ In making these findings, Commerce relied, in part, on
facts available and, because it finds that certain respondents did not
act to the best of their ability to respond to Commerce's requests for
information, it drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\11\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum. For a full
description of the methodology underlying our preliminary conclusions,
see the Preliminary Decision Memorandum.
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\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\11\ See sections 776(a) and (b) of the Act.
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Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the final countervailing duty
determination in this investigation with the final determination in the
companion antidumping duty investigation of yarn from China, based on a
request made by the petitioners.\12\ Consequently, the final
countervailing duty determination will be issued on the same date as
the final antidumping determination, which is currently scheduled to be
issued no later than September 9, 2019, unless postponed.
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\12\ See Petitioners' Letter, ``Polyester Textured Yarn from
China and India--Petitioners' Request to Align the Department's
Final Determinations,'' dated March 29, 2019.
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All-Others Rate
Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that
in the preliminary determination, Commerce shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely on
facts otherwise available, as outlined under section 776 of the Act.
In this investigation, Commerce preliminarily assigned rates based
entirely on facts available for Suzhou Shenghong Fiber Co., Ltd. and
its cross-owned affiliates, and Suzhou Shenghong Garmant Development
Co. Therefore, the only rate that is not zero, de minimis or based
entirely on facts otherwise available is the rate calculated for Fujian
Billion Polymerization Fiber Technology Industrial Co., Ltd. (Fujian
Billion). Consequently, the rate calculated for Fujian Billion is also
assigned as the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
[[Page 19042]]
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Subsidy rate
Company (percent)
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Fujian Billion Polymerization Fiber Technology 32.04
Industrial Co., Ltd \13\...............................
Suzhou Shenghong Fiber Co., Ltd \14\.................... 459.98
Suzhou Shenghong Garmant Development Co................. 459.98
All Others.............................................. 32.04
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Suspension of Liquidation
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\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Fujian Billion: (1) Billion Development (Hong Kong) Limited and (2)
Billion Industrial Investment Limited.
\14\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Suzhou Shenghong Fiber Co., Ltd.: (1) Jiangsu Zhonglu Technology
Development Co., Ltd., (2) Jiangsu Guowang High-Technique Fiber Co.,
Ltd., (3) Jiangsu Shenghong Science and Technology Co., Ltd., (4)
Jiangsu Honggang Petrochemical Co., Ltd., (5) Shenghong Group Co.,
Ltd., (6) Shenghong Holding Group, Co., Ltd., (7) Shenghong (Suzhou)
Group Co., Ltd., (8) Jiangsu Shenghong Investment Development Co.,
Ltd., (9) Jiangsu Shenghong New Material Co., Ltd., and (10) Jiangsu
Shenghong Textile Imp & Exp Co. and its successor Jiangsu Huahui
Import and Export Co., Ltd.
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In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances,\15\ any suspension of
liquidation shall apply to unliquidated entries of merchandise entered,
or withdrawn from warehouse, for consumption on or after the later of
(a) the date which is 90 days before the date on which the suspension
of liquidation was first ordered, or (b) the date on which the notice
of initiation of the investigation was published. Commerce
preliminarily found that critical circumstances exist for all imports
of subject merchandise from China. In accordance with section
703(e)(2)(A) of the Act, the suspension of liquidation shall apply to
unliquidated entries from all exporters and producers of the subject
merchandise from China that were entered, or withdrawn from warehouse,
for consumption on or after the date which is 90 days before the
publication of this notice.
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\15\ See Preliminary Affirmative Critical Circumstances
Determination, 84 FR at 16842.
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
As stated in the Preliminary Scope Decision Memorandum, all
interested parties will have the opportunity to submit case and
rebuttal briefs on the preliminary scope determination.\16\ The
deadline for these comments will be established in the Federal Register
notice regarding the preliminary determination of the companion
antidumping duty investigation of yarn from China to be issued at a
later date.
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\16\ See Preliminary Scope Decision Memorandum.
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Case briefs or other written comments, not pertaining to scope
issues, may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the last
verification report is issued in this investigation. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
five days after the deadline date for case briefs.\17\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\17\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. Pursuant
to section 705(b)(2) of the Act, if the final determination is
affirmative, the ITC will make its final injury determination before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: April 26, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation, polyester
textured yarn, is synthetic multifilament yarn that is manufactured
from polyester (polyethylene terephthalate). Polyester textured yarn
is produced through a texturing process, which imparts special
properties to the filaments of the yarn, including stretch, bulk,
strength, moisture absorption, insulation, and the appearance of a
natural fiber. This scope includes all forms of polyester textured
yarn, regardless of surface texture or appearance, yarn density and
thickness (as measured in denier), number of filaments, number of
plies, finish (luster), cross section, color, dye
[[Page 19043]]
method, texturing method, or packing method (such as spindles,
tubes, or beams).
Excluded from the scope of the investigation is bulk continuous
filament yarn that: (a) Is polyester synthetic multifilament yarn;
(b) has denier size ranges of 900 and above; (c) has turns per meter
of 40 and above; and (d) has a maximum shrinkage of 2.5 percent.
The merchandise subject to this investigation is properly
classified under subheadings 5402.33.3000 and 5402.33.6000 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Preliminary Determination of Critical Circumstances
IV. Injury Test
V. Application of the CVD Law to Imports From China
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Conclusion
[FR Doc. 2019-09065 Filed 5-2-19; 8:45 am]
BILLING CODE 3510-DS-P
