Polyester Textured Yarn From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 19036-19038 [2019-09080]

Download as PDF 19036 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices ESTIMATED WEIGHTED-AVERAGE DUMPING MARGINS Producer Exporter Yucheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd. Wu’An Yongtian Casting Co., Ltd .................................................. Yangcheng County Huawang Universal Spun Cast Pipe Foundry Qinshui Shunshida Casting Co., Ltd .............................................. Wu’an Yongtian Casting Co., Ltd ................................................... Zezhou Golden Autumn Foundry Co., Ltd ..................................... Qinshui Shunshida Casting Co., Ltd .............................................. Wu’an Kerui xin Machinery Manufacturing Co., Ltd ...................... Wu’an Yongtian Casting Co., Ltd ................................................... Wuan City Feixiang Metal Product Co., Ltd .................................. DingXiang County YuTai Casting-Forging Co., Ltd ....................... Qinshui Shunshida Casting Co., Ltd .............................................. Qinshui Shunshida Casting Co., Ltd .............................................. Zezhou Golden Autumn Foundry Co., Ltd ..................................... Qinshui Shunshida Casting Co., Ltd .............................................. Qinshui Shunshida Casting Co., Ltd .............................................. Shanxi Xuanshi Industrial Group Co., Ltd ..................................... Qinshui Shunshida Casting Co., Ltd .............................................. Qinshui Shunshida Casting Co., Ltd .............................................. Shanxi Chengda Special Forging Co., Ltd .................................... Wuan City Feixiang Metal Product Co., Ltd .................................. Zezhou Golden Autumn Foundry Co., Ltd ..................................... China-Wide Entity ........................................................................... Yucheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd. Dalian Lino F.T.Z. Co., Ltd ........................................................... Dalian Lino F.T.Z. Co., Ltd ........................................................... Dalian Metal I/E Co., Ltd .............................................................. Dalian Metal I/E Co., Ltd .............................................................. Dalian Metal I/E Co., Ltd .............................................................. Dinggin Hardware (Dalian) Co., Ltd ............................................. Dinggin Hardware (Dalian) Co., Ltd ............................................. Dinggin Hardware (Dalian) Co., Ltd ............................................. Dinggin Hardware (Dalian) Co., Ltd ............................................. Hebei Metals & Engineering Products Trading Co., Ltd .............. Hebei Metals & Engineering Products Trading Co., Ltd .............. Kingway Pipe Co., Ltd .................................................................. Kingway Pipe Co., Ltd .................................................................. Qinshui Shunshida Casting Co., Ltd ............................................ Shanxi Chen Xin Da Castings & Forgings Co., Ltd ..................... Shanxi Xuanshi Industrial Group Co., Ltd .................................... Shanxi Zhongrui Tianyue Trading Co., Ltd .................................. Terrifour (Dalian) Trading Co., Ltd ............................................... Terrifour (Dalian) Trading Co., Ltd ............................................... Wuan City Feixiang Metal Product Co., Ltd ................................. Zezhou Golden Autumn Foundry Co., Ltd ................................... ....................................................................................................... Notifications to Interested Parties This notice constitutes the antidumping duty order with respect to cast iron soil pipe from China pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. This order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: April 26, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. 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) specification 301 and/or American Society VerDate Sep<11>2014 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. [FR Doc. 2019–09068 Filed 5–2–19; 8:45 am] Appendix amozie on DSK9F9SC42PROD with NOTICES Weightedaverage dumping margin (percent) 16:41 May 02, 2019 Jkt 247001 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 polyester textured yarn (yarn) from India for the period of investigation (POI) April 1, 2017 through March 31, 2018. Interested parties are invited to comment on this preliminary determination. DATES: Effective May 3, 2019. FOR FURTHER INFORMATION CONTACT: Janae Martin or Jesus Saenz 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) 482–0238 or (202) 482–8184, respectively. SUPPLEMENTARY INFORMATION: Polyester Textured Yarn From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination 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 On February 1, 2019, pursuant to a request from the Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America (the petitioners),2 Commerce 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 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). 2 See Letter, ‘‘Countervailing Duty Investigation of Polyester Textured Yarn from India—Petitioners’ Request to Postpone Preliminary Determination,’’ dated December 10, 2018. DEPARTMENT OF COMMERCE International Trade Administration [C–533–886] AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices postponed the preliminary determination of this investigation to March 18, 2019.3 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, 2019.4 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.5 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 http:// 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 http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is polyester textured yarn from India. For a complete description of the scope of this investigation, see Appendix I and ‘‘Scope Comments’’ section below. Scope Comments amozie on DSK9F9SC42PROD with NOTICES In accordance with the preamble to Commerce’s regulations,6 the Initiation Notice set aside a period of time for 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 Memorandum to the Record from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations 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. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination: Countervailing Duty Investigation of Polyester Textured Yarn from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). VerDate Sep<11>2014 16:41 May 02, 2019 Jkt 247001 parties to raise issues regarding product coverage (i.e. , scope).7 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.8 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.9 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.10 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 polyester textured yarn from India, based on a request made by the petitioners.11 Consequently, the final countervailing duty determination will be issued on the same date as the final antidumping determination, which is 7 See Initiation Notice. 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). 9 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. 10 See sections 776(a) and (b) of the Act. 11 See Petitioners’ letter, ‘‘Polyester Textured Yarn from China and India—Petitioners’ Request to Align the Department’s Final Determinations,’’ dated March 29, 2019. 8 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 19037 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 under section 776 of the Act. In this investigation, Commerce preliminarily calculated individual estimated countervailable subsidy rates for JBF Industries Limited (JBF) and Reliance Industries Limited (Reliance). Therefore, Commerce calculated the allothers rate using a weighted average of the individual estimated subsidy rates calculated for JBF and Reliance using each company’s reported sales values 12 for the merchandise under consideration. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company JBF Industries Limited .......... Reliance Industries Limited .. All Others .............................. Subsidy rate (percent) 20.45 7.09 13.82 Suspension of Liquidation In accordance with section 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. 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 12 Both companies reported their respective sales values as public information. E:\FR\FM\03MYN1.SGM 03MYN1 19038 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices of the date of this notice in accordance with 19 CFR 351.224(b). amozie on DSK9F9SC42PROD with NOTICES 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.13 The deadline for these comments will be established in the Federal Register notice regarding the preliminary determination of the companion antidumping duty investigation of polyester textured yarn from India 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.14 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, 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 13 See Preliminary Scope Decision Memorandum. 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 14 See VerDate Sep<11>2014 16:41 May 02, 2019 Jkt 247001 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 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 method, texturing method, or packing method (such as spindles, tubes, or beams). Excluded from the scope of this 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 scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Subsidies Valuation V. Benchmarks and Discount Rates PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Conclusion [FR Doc. 2019–09080 Filed 5–2–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Meeting of the Civil Nuclear Trade Advisory Committee International Trade Administration, U.S. Department of Commerce. ACTION: Notice of Federal Advisory Committee meeting. AGENCY: This notice sets forth the schedule and proposed agenda for a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC). DATES: The meeting is scheduled for Wednesday, May 22, 2019, from 9:00 a.m. to 4:00 p.m. Eastern Daylight Time (EDT). ADDRESSES: The meeting will be held at the U.S. Department of Commerce, Herbert C. Hoover Building, Room 1412, 1401 Constitution Ave. NW, Washington, DC 20230 FOR FURTHER INFORMATION CONTACT: Mr. Devin Horne, Office of Energy & Environmental Industries, International Trade Administration, Room 28018, 1401 Constitution Ave. NW, Washington, DC 20230. (Phone: 202– 482–0775; Fax: 202–482–5665; email: devin.horne@trade.gov). SUPPLEMENTARY INFORMATION: Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), in response to an identified need for consensus advice from U.S. industry to the Secretary of Commerce regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods and services export policies, programs, and activities will affect the U.S. civil nuclear industry’s competitiveness and ability to participate in the international market. The Department of Commerce renewed the CINTAC charter on August 10, 2018. This meeting is being convened under the sixth charter of the CINTAC. Topics to be considered: The agenda for the Wednesday, May 22, 2019, CINTAC meeting is as follows: SUMMARY: E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Notices]
[Pages 19036-19038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09080]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-886]


Polyester Textured Yarn From India: 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 India for the period 
of investigation (POI) April 1, 2017 through March 31, 2018. Interested 
parties are invited to comment on this preliminary determination.

DATES: Effective May 3, 2019.

FOR FURTHER INFORMATION CONTACT: Janae Martin or Jesus Saenz 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) 482-0238 or (202) 
482-8184, 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    On February 1, 2019, pursuant to a request from the Unifi 
Manufacturing, Inc. and Nan Ya Plastics Corporation, America (the 
petitioners),\2\ Commerce

[[Page 19037]]

postponed the preliminary determination of this investigation to March 
18, 2019.\3\ 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.\4\ 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.
---------------------------------------------------------------------------

    \2\ See Letter, ``Countervailing Duty Investigation of Polyester 
Textured Yarn from India--Petitioners' Request to Postpone 
Preliminary Determination,'' dated December 10, 2018.
    \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 Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations 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.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\5\ 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 http://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 http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination: Countervailing Duty Investigation of 
Polyester Textured Yarn from India,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is polyester textured 
yarn from India. 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,\6\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e. , scope).\7\ 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.\8\ 
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.
---------------------------------------------------------------------------

    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \7\ See Initiation Notice.
    \8\ 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).
---------------------------------------------------------------------------

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.\9\ 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.\10\ For a full 
description of the methodology underlying our preliminary conclusions, 
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \9\ 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.
    \10\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

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 polyester textured yarn 
from India, based on a request made by the petitioners.\11\ 
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.
---------------------------------------------------------------------------

    \11\ See Petitioners' letter, ``Polyester Textured Yarn from 
China and India--Petitioners' Request to Align the Department's 
Final Determinations,'' dated March 29, 2019.
---------------------------------------------------------------------------

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 
under section 776 of the Act.
    In this investigation, Commerce preliminarily calculated individual 
estimated countervailable subsidy rates for JBF Industries Limited 
(JBF) and Reliance Industries Limited (Reliance). Therefore, Commerce 
calculated the all-others rate using a weighted average of the 
individual estimated subsidy rates calculated for JBF and Reliance 
using each company's reported sales values \12\ for the merchandise 
under consideration.
---------------------------------------------------------------------------

    \12\ Both companies reported their respective sales values as 
public information.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
JBF Industries Limited..................................           20.45
Reliance Industries Limited.............................            7.09
All Others..............................................           13.82
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 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.

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

[[Page 19038]]

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.\13\ The 
deadline for these comments will be established in the Federal Register 
notice regarding the preliminary determination of the companion 
antidumping duty investigation of polyester textured yarn from India to 
be issued at a later date.
---------------------------------------------------------------------------

    \13\ See Preliminary Scope Decision Memorandum.
---------------------------------------------------------------------------

    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.\14\ 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.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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

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 method, texturing 
method, or packing method (such as spindles, tubes, or beams).
    Excluded from the scope of this 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 scope of the investigation 
is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Injury Test
IV. Subsidies Valuation
V. Benchmarks and Discount Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Conclusion

[FR Doc. 2019-09080 Filed 5-2-19; 8:45 am]
BILLING CODE 3510-DS-P