Polyester Textured Yarn From India: Amended Preliminary Determination of Countervailing Duty Determination, 27240-27241 [2019-12404]

Download as PDF 27240 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading as provided in Section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each related person, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Dated: June 5, 2019. Douglas R. Hassebrock, Director, Office of Export Enforcement performing the non-exclusive functions and duties of the Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2019–12396 Filed 6–11–19; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security jbell on DSK3GLQ082PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: Bureau of Industry and Security. Title: License Exemptions and Exclusions. Form Number: N/A. OMB Control Number: 0694–0137. Type of Review: Regular submission. Estimated Total Annual Burden Hours: 29,998. Estimated Number of Respondents: 19,738. Estimated Time per Response: 1.52 hours. Needs and Uses: Over the years, BIS has worked with other Government agencies and the affected public to identify areas where export licensing requirements may be relaxed without jeopardizing U.S. national security or VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 foreign policy. Many of these relaxations have taken the form of licensing exceptions and exclusions. Some of these license exceptions and exclusions have a reporting or recordkeeping requirement to enable the Government to continue to monitor exports of these items. Exporters may choose to utilize the license exception and accept the reporting or recordkeeping burden in lieu of submitting a license application. These exceptions and exclusions have allow exporters to ship items quickly, without having to wait for license approval. These collections are designed to reduce export licensing burden. It is up to the individual company to decide whether it is most advantageous to continue to submit license applications or to comply with the reporting or recordkeeping requirements and take advantage of the licensing exception or exclusion. Affected Public: Non-profit institutions; State, local, or tribal government; business or other for-profit organizations. Frequency: On Occasion. Respondent’s Obligation: Voluntary. This information collection request may be viewed at reginfo.gov http:// www.reginfo.gov/public/. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2019–12355 Filed 6–11–19; 8:45 am] certain steel nails from the People’s Republic of China (China). DATES: Applicable June 12, 2019. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Benito Ballesteros, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 202–482–4031 or 202–482–7425, respectively. SUPPLEMENTARY INFORMATION: On May 29, 2019, Commerce published in the Federal Register the Amended Final Results of the 2016– 2017 administrative review on the antidumping duty order on certain steel nails from China.1 Commerce is correcting the Amended Final Results to address the misspelling of one nonselected respondent company name. Specifically, the company, Hebei Cangzhou New Century Foreign Trade Co., Ltd., was misspelled in the Amended Final Results. The correct spelling of the company’s name is listed in this notice. As a result, the Amended Final Results are being corrected. This correction to the Federal Register notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended. Dated: June 6, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–12391 Filed 6–11–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–886] BILLING CODE 3510–33–P Polyester Textured Yarn From India: Amended Preliminary Determination of Countervailing Duty Determination DEPARTMENT OF COMMERCE AGENCY: International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Notice of Correction of the Amended Final Results of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is correcting the amended final results of the administrative review of the antidumping duty order on AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the preliminary determination in the countervailing duty investigation of polyester textured yarn from India to correct a significant ministerial error. DATES: Applicable June 12, 2019. FOR FURTHER INFORMATION CONTACT: Janae Martin or Jesus Saenz, AD/CVD 1 See Certain Steel Nails from the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2016– 2017, 84 FR 24751 (May 29, 2019) (Amended Final Result). E:\FR\FM\12JNN1.SGM 12JNN1 27241 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 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 On May 3, 2019, Commerce published in the Federal Register the Preliminary Determination,1 and completed the disclosure of all calculation materials to interested parties. From May 6 through May 13, 2019, the petitioners,2 JBF Industries Limited (JBF), and Sanathan Textile Private Limited, India (Sanathan) timely filed ministerial error allegations regarding the Preliminary Determination.3 Period of Investigation The period of investigation (POI) is April 1, 2017 through March 31, 2018. Scope of Investigation The product covered by this investigation is polyester textured yarn from India. For a complete description of the scope of this investigation, see the Appendix to this notice. Analysis of Significant Ministerial Error Allegations jbell on DSK3GLQ082PROD with NOTICES Commerce will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary 1 See Polyester Textured Yarn from India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 84 FR 19036 (May 3, 2019) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 The petitioners in this investigation are Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America. 3 See Petitioners’ letter, ‘‘Countervailing Duty Investigation of Polyester Textured Yarn from India—Petitioners’ Ministerial Error Allegation Concerning the Preliminary Subsidy Calculation for JBF Industries,’’ dated May 6, 2019 (Petitioners’ Clerical Error Comments); JBF’s letter, ‘‘CVD Investigation of Polyester Textured Yarn from India: Comments on Significant Ministerial Errors Found in Preliminary Determination Calculation for JBF,’’ dated May 6, 2019 (JBF’s Clerical Error Comments); Petitioners’ letter, ‘‘Countervailing Duty Investigation of Polyester Textured Yarn from India: Petitioners’ Ministerial Error Allegation Concerning the Department’s Preliminary All-Others Rate Calculation,’’ dated May 7, 2019 (Petitioners’ AllOthers Rate Clerical Error Comments); Sanathan’s letter, ‘‘Certain Polyester Textured Yarn from India (C–533–886): Ministerial Error Allegation Concerning the Preliminary Subsidy Rate Calculation for All Others,’’ dated May 7, 2019 (Sanathan’s Clerical Error Comments). On May 13, 2019, Sanathan also submitted rebuttal comments, however, pursuant to 19 CFR 351.224(c)(3), Commerce will not consider replies to comments in connection with a preliminary determination. VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 determination according to 19 CFR 351.224(e). A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ 4 A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the countervailing duty rate calculated in the original preliminary determination; or (2) a difference between a countervailing duty rate of zero (or de minimis) and a countervailing duty rate greater than de minimis, or vice versa.5 Amended Preliminary Determination Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the Preliminary Determination to reflect the correction of a ministerial error made in the calculation of the estimated weighted-average all-others countervailable subsidy rate. This error is a significant ministerial error within the meaning of 19 CFR 351.224(g) because the all-other’s rate decreases from 13.82 percent to 7.24 percent as a result of correcting this ministerial error, exceeding the specified threshold, i.e., a change of at least five absolute percentage points in, but not less than 25 percent of, the countervailable subsidy rate calculated in the original Preliminary Determination.6 Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates calculated in this amended preliminary determination. Because these amended rates result in decreased cash deposits, the amended rate for the all-others rate will be effective retroactively to May 3, 2019, the date of publication of the Preliminary Determination. Parties will be notified of this determination, in accordance with section 733(d) and (f) of the Act. 4 See section 735(e) of the Tariff Act of 1930, as amended (the Act). 5 See 19 CFR 351.224(g). 6 See Memorandum, ‘‘Countervailing Duty Investigation of Polyester Textured Yarn from India: Allegations of Significant Ministerial Errors in the Preliminary Determination,’’ dated concurrently with this notice. PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 Amended Preliminary Determination Exporter/producer Weightedaverage margin All-Others .................................... 7.24 Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after publication of the notice of amended preliminary determination in the Federal Register in accordance with 19 CFR 351.224(b). International Trade Commission Notification In accordance with section 733(f) of the Act, we notified the International Trade Commission of our amended preliminary determination. This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: June 6, 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 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. [FR Doc. 2019–12404 Filed 6–11–19; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\12JNN1.SGM 12JNN1

Agencies

[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27240-27241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12404]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-886]


Polyester Textured Yarn From India: Amended Preliminary 
Determination of Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary determination in the countervailing duty investigation of 
polyester textured yarn from India to correct a significant ministerial 
error.

DATES: Applicable June 12, 2019.

FOR FURTHER INFORMATION CONTACT: Janae Martin or Jesus Saenz, AD/CVD

[[Page 27241]]

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

    On May 3, 2019, Commerce published in the Federal Register the 
Preliminary Determination,\1\ and completed the disclosure of all 
calculation materials to interested parties. From May 6 through May 13, 
2019, the petitioners,\2\ JBF Industries Limited (JBF), and Sanathan 
Textile Private Limited, India (Sanathan) timely filed ministerial 
error allegations regarding the Preliminary Determination.\3\
---------------------------------------------------------------------------

    \1\ See Polyester Textured Yarn from India: Preliminary 
Affirmative Countervailing Duty Determination, and Alignment of 
Final Determination With Final Antidumping Duty Determination, 84 FR 
19036 (May 3, 2019) (Preliminary Determination) and accompanying 
Preliminary Decision Memorandum.
    \2\ The petitioners in this investigation are Unifi 
Manufacturing, Inc. and Nan Ya Plastics Corporation, America.
    \3\ See Petitioners' letter, ``Countervailing Duty Investigation 
of Polyester Textured Yarn from India--Petitioners' Ministerial 
Error Allegation Concerning the Preliminary Subsidy Calculation for 
JBF Industries,'' dated May 6, 2019 (Petitioners' Clerical Error 
Comments); JBF's letter, ``CVD Investigation of Polyester Textured 
Yarn from India: Comments on Significant Ministerial Errors Found in 
Preliminary Determination Calculation for JBF,'' dated May 6, 2019 
(JBF's Clerical Error Comments); Petitioners' letter, 
``Countervailing Duty Investigation of Polyester Textured Yarn from 
India: Petitioners' Ministerial Error Allegation Concerning the 
Department's Preliminary All-Others Rate Calculation,'' dated May 7, 
2019 (Petitioners' All-Others Rate Clerical Error Comments); 
Sanathan's letter, ``Certain Polyester Textured Yarn from India (C-
533-886): Ministerial Error Allegation Concerning the Preliminary 
Subsidy Rate Calculation for All Others,'' dated May 7, 2019 
(Sanathan's Clerical Error Comments). On May 13, 2019, Sanathan also 
submitted rebuttal comments, however, pursuant to 19 CFR 
351.224(c)(3), Commerce will not consider replies to comments in 
connection with a preliminary determination.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is April 1, 2017 through March 
31, 2018.

Scope of Investigation

    The product covered by this investigation is polyester textured 
yarn from India. For a complete description of the scope of this 
investigation, see the Appendix to this notice.

Analysis of Significant Ministerial Error Allegations

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.224(e). A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \4\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) A change of at least five absolute percentage points in, 
but not less than 25 percent of, the countervailing duty rate 
calculated in the original preliminary determination; or (2) a 
difference between a countervailing duty rate of zero (or de minimis) 
and a countervailing duty rate greater than de minimis, or vice 
versa.\5\
---------------------------------------------------------------------------

    \4\ See section 735(e) of the Tariff Act of 1930, as amended 
(the Act).
    \5\ See 19 CFR 351.224(g).
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Amended Preliminary Determination

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of a ministerial 
error made in the calculation of the estimated weighted-average all-
others countervailable subsidy rate. This error is a significant 
ministerial error within the meaning of 19 CFR 351.224(g) because the 
all-other's rate decreases from 13.82 percent to 7.24 percent as a 
result of correcting this ministerial error, exceeding the specified 
threshold, i.e., a change of at least five absolute percentage points 
in, but not less than 25 percent of, the countervailable subsidy rate 
calculated in the original Preliminary Determination.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Countervailing Duty Investigation of 
Polyester Textured Yarn from India: Allegations of Significant 
Ministerial Errors in the Preliminary Determination,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination. Because these amended rates result in 
decreased cash deposits, the amended rate for the all-others rate will 
be effective retroactively to May 3, 2019, the date of publication of 
the Preliminary Determination. Parties will be notified of this 
determination, in accordance with section 733(d) and (f) of the Act.

Amended Preliminary Determination

------------------------------------------------------------------------
                                                              Weighted-
                     Exporter/producer                         average
                                                                margin
------------------------------------------------------------------------
All-Others.................................................        7.24
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of the notice of amended 
preliminary determination in the Federal Register in accordance with 19 
CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission of our amended preliminary 
determination.
    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 
351.224(e).

    Dated: June 6, 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 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.

[FR Doc. 2019-12404 Filed 6-11-19; 8:45 am]
 BILLING CODE 3510-DS-P