Polyester Textured Yarn From India: Final Affirmative Countervailing Duty Determination, 63848-63850 [2019-25084]

Download as PDF 63848 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices Comment 6: Provision of Electricity for LTAR 6.a. Whether the Provision of Electricity is Countervailable 6.b. Whether the Record Supports Applying AFA to Find Electricity for LTAR Comment 7: Whether the GOC Provided Countervailable Policy Loans During the POI Company-Specific Issues Comment 8: Whether Application of AFA for Shenghong Fiber is Warranted Comment 9: Whether Commerce’s Calculation of the AFA Rate is Unreasonable Comment 10: Calculation of Fujian Billion’s Benefit of Electricity for LTAR Comment 11: Calculation of Fujian Billion’s Benefit for Tax Deduction for Research and Development (R&D) Expenses Comment 12: Calculation of the Benefit for Fujian Billion’s Import Tariff and Value Added Tax (VAT) Exemptions on Imported Equipment VII. Recommendation [FR Doc. 2019–25041 Filed 11–18–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–886] Polyester Textured Yarn From India: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of polyester textured yarn (yarn) from India. DATES: Applicable November 19, 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: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: Background On May 3, 2019, Commerce published in the Federal Register the Preliminary Determination.1 On June 12, 2019, 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). VerDate Sep<11>2014 16:47 Nov 18, 2019 Jkt 250001 Commerce also published the Amended Preliminary Determination in the Federal Register.2 On August 22, 2019, Commerce issued its Post-Preliminary Analysis.3 The selected mandatory respondents in this investigation are JBF Industries Limited (JBF) and Reliance Industries Limited (Reliance). In the Preliminary Determination, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce aligned the final countervailing duty (CVD) determination with the final antidumping duty (AD) determination. The revised deadline for the final determination of this investigation is now November 13, 2019. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum issued concurrently with this notice.4 The Issues and 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 Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Period of Investigation The period of investigation (POI) is April 1, 2017 through March 31, 2018. Scope of the Investigation The product covered by this investigation is polyester textured yarn from India. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in Appendix I. 2 See Polyester Textured Yarn From India: Amended Preliminary Determination of Countervailing Duty Determination, 84 FR 27240 (June 12, 2019) (Amended Preliminary Determination). 3 See Memorandum, ‘‘Post-Preliminary Analysis of Countervailing Duty Investigation of Polyester Textured Yarn from India,’’ dated August 22, 2019 (Post-Preliminary Analysis). 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty Investigation of Polyester Textured Yarn from India,’’ dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Scope Comments During the course of this investigation and the concurrent AD investigation of yarn from India, and concurrent AD and CVD investigations of yarn from China, certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice.5 Commerce addressed these comments in the Preliminary Determination, wherein Commerce preliminarily modified the scope language as it appeared in the Initiation Notice to exclude bulk continuous filament yarn.6 No interested parties commented on the preliminary exclusion of bulk continuous filament yarn. Thus, we have made no changes to the scope language from the Preliminary Determination with regard to bulk continuous filament yarn. On May 2, 2019, the petitioners 7 requested that Commerce include an additional Harmonized Tariff Schedule of the United States (HTSUS) subheading in the scope language.8 Specifically, the petitioners requested that Commerce add HTSUS 5402.52.00 covering twisted yarn to the scope of the investigations.9 As no interested parties rebutted the petitioners’ request to add this HTSUS subheading, and Commerce finds that the petitioners’ request is reasonable, we have revised the scope of the investigations to include HTSUS 5402.52.00. See Appendix I for the final scope of the investigation. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in July 2019, we conducted verification of the questionnaire responses submitted by JBF, Reliance, and the Government of India (GOI).10 We used standard verification procedures, including an examination of relevant 5 See Polyester Textured Yarn from India and the People’s Republic of China: Initiation of Less-ThanFair-Value Investigations, 83 FR 58223, 58233 (November 19, 2018) (Initiation Notice). 6 See Preliminary Determination at 19037. 7 Unifi Manufacturing, Inc., and Nan Ya Plastics Corporation, America are collectively the petitioners. 8 See Petitioner’s Comments, ‘‘Request to Include HTSUS Subheading 5402.52 in the Scope of These Investigations,’’ dated May 2, 2019 (Petitioners’ Scope Request). 9 See Petitioners’ Scope Request. 10 See Memoranda, ‘‘Verification of the Questionnaire Responses of JBF Industries Limited: Countervailing Duty Investigation of Polyester Textured Yarn from India,’’ dated August 22, 2019; ‘‘Verification of the Questionnaire Responses of Reliance Industries Limited: Countervailing Duty Investigation of Polyester Textured Yarn from India,’’ dated August 22, 2019; and ‘‘Verification of the Questionnaire Responses of the Government of India: Countervailing Duty Investigation of Polyester Textured Yarn from India,’’ dated August 22, 2019. E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices Final Determination accounting and financial records, and original source documents. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.11 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part, on facts available pursuant to section 776(a) of the Act. Additionally, as discussed in the Issues and Decision Memorandum, because one or more respondents did not act to the best of their ability in responding to our requests for information, we drew adverse inferences, where appropriate, in selecting from among the facts otherwise available, pursuant to section 776(b) of the Act.12 For further information, see the section ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. khammond on DSKJM1Z7X2PROD with NOTICES Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, minor corrections presented at verification, and our verification findings, we made certain changes to JBF’s and Reliance’s subsidy rate calculations. Commerce has also revised the all-others rate. For a discussion of these changes, see the Issues and Decision Memorandum. 11 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. 12 See Issues and Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section. VerDate Sep<11>2014 16:47 Nov 18, 2019 Jkt 250001 In accordance with section 705(c)(l)(B)(i) of the Act, we calculated rates for JBF and Reliance, the producers/exporters of subject merchandise selected for individual examination in this investigation. Section 705(c)(5)(A) of the Act provides that in the final 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 calculated individual estimated countervailable subsidy rates for both JBF and Reliance that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged values for the merchandise under consideration.13 Commerce determines that the following estimated countervailable subsidy rates exist: 63849 Determination in the Federal Register. In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after August 31, 2019, but to continue the suspension of liquidation of all entries from May 3, 2019 through August 30, 2019. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all Subsidy privileged and business proprietary Company rate information in our files, provided the (percent) ITC confirms that it will not disclose JBF Industries Limited ................ 21.83 such information, either publicly or Reliance Industries Limited ........ 4.29 under an administrative protective order All Others .................................... 4.65 (APO), without the written consent of the Assistant Secretary for Enforcement Disclosure and Compliance. We intend to disclose to parties in Notification Regarding Administrative this proceeding the calculations Protective Orders performed for this final determination In the event that the ITC issues a final within five days of the date of publication of this notice, in accordance negative injury determination, this notice will serve as the only reminder with 19 CFR 351.224(b). to parties subject to an APO of their Continuation of Suspension of responsibility concerning the Liquidation destruction of proprietary information disclosed under APO in accordance As a result of our Preliminary with 19 CFR 351.305(a)(3). Timely Determination and pursuant to section written notification of the return/ 703(d)(1)(B) and (d)(2) of the Act, we destruction of APO materials or instructed U.S. Customs and Border Protection (CBP) to suspend liquidation conversion to judicial protective order is hereby requested. Failure to comply of entries of subject merchandise as with the regulations and terms of an described in the scope of the APO is a violation which is subject to investigation section entered, or sanction. withdrawn from warehouse, for consumption on or after the date of Notification to Interested Parties publication of the Preliminary This determination is issued and published pursuant to sections 705(d) 13 See Memorandum, ‘‘Calculation of the Alland 777(i) of the Act and 19 CFR Others Rate for the Final Determination,’’ dated 351.210(c). concurrently with this notice. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\19NON1.SGM 19NON1 63850 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices Dated: November 13, 2019. Jeffery 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). Merchandise subject to this investigation may also enter under HTSUS subheading 5402.52.00. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Comment 8: Whether the SEZ Import Duty Exemption Is Countervailable Comment 9: Whether to Recalculate the Benefits from the EPCGS Program and the SEZ Import Duty Exemption Program Comment 10: Whether to Apply Adverse Facts Available (AFA) to Reliance’s Unreported Benefits from the SGOG Electricity Program Comment 11: Whether to Apply Different Benchmarks in the Calculation of Land Benefits Received by Reliance Under the Gujarat Industrial Development Corporation (GIDC) Comment 12: State Government of Gujarat (SGOG) Provision of Water for Less Than Adequate Renumeration (LTAR) Comment 13: Whether the Reliance Verification Report Contains Errors Comment 14: Whether JBF Received a Benefit Under the State and Union Territory Sales Tax Incentive Program (State and Union Territory Sales Tax Program) Comment 15: Whether to Countervail the GOI Policy Lending and GOI Export Financing Programs and Whether to Revise the Calculation of Benefits Received by JBF Under These Programs Comment 16: Whether to Apply AFA to JBF’ Reporting of Subject Merchandise and Whether to Revise the Calculation of Benefits Received Under the DDB Program Comment 17: Whether to Accept JBF’s Ministerial Error Comments Comment 18: Whether to Accept JBF’s Minor Corrections Regarding the AAP Program VII. Recommendation [FR Doc. 2019–25084 Filed 11–18–19; 8:45 am] BILLING CODE 3510–DS–P khammond on DSKJM1Z7X2PROD with NOTICES Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Subsidies Valuation IV. Use of Facts Otherwise Available and Adverse Inferences V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether to Revise the All Other’s Rate Comment 2: Whether the New Subsidy Allegations Were Appropriately Initiated Comment 3: Whether to Countervail the Advanced Authorization (AAP), Duty Drawback (DDB), and Export Promotion of Capital Goods Scheme (EPCGS) Programs Comment 4: Whether to Countervail the Merchandise Export Incentive Scheme (MEIS) Program Comment 5: Whether Certain Subsidies Are Tied to Subject Merchandise or NonSubject Merchandise Comment 6: Whether Upstream Subsidy Provisions Are Applicable to Subsidies Provided Directly to Mandatory Respondents Comment 7: Whether the Government of India (GOI) Failed to Cooperate to the Best of Its Ability VerDate Sep<11>2014 16:47 Nov 18, 2019 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–097] Polyester Textured Yarn From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of polyester textured yarn (yarn) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES: Applicable November 19, 2019. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: Background On July 1, 2019, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of yarn from China and invited parties to comment.1 A summary of the events that occurred since Commerce published the Preliminary Determination may be found in the Issues and Decision Memorandum.2 The Issues and 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 to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Period of Investigation The period of investigation is April 1, 2018 through September 30, 2018. 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. Scope Comments During the course of this investigation and the concurrent countervailing duty (CVD) investigation of yarn from China, and concurrent antidumping duty (AD) and CVD investigations of yarn from India, certain interested parties commented on the scope of the investigations as it appeared in the Initiation Notice.3 Commerce addressed 1 See Polyester Textured Yarn from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 84 FR 31297 (July 1, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Polyester Textured Yarn from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Polyester Textured Yarn from India and the People’s Republic of China: Initiation of Less-Than- E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63848-63850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25084]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-886]


Polyester Textured Yarn From India: Final Affirmative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of polyester textured yarn (yarn) from India.

DATES: Applicable November 19, 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

    On May 3, 2019, Commerce published in the Federal Register the 
Preliminary Determination.\1\ On June 12, 2019, Commerce also published 
the Amended Preliminary Determination in the Federal Register.\2\ On 
August 22, 2019, Commerce issued its Post-Preliminary Analysis.\3\ The 
selected mandatory respondents in this investigation are JBF Industries 
Limited (JBF) and Reliance Industries Limited (Reliance). In the 
Preliminary Determination, in accordance with section 705(a)(1) of the 
Act and 19 CFR 351.210(b)(4), Commerce aligned the final countervailing 
duty (CVD) determination with the final antidumping duty (AD) 
determination. The revised deadline for the final determination of this 
investigation is now November 13, 2019.
---------------------------------------------------------------------------

    \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).
    \2\ See Polyester Textured Yarn From India: Amended Preliminary 
Determination of Countervailing Duty Determination, 84 FR 27240 
(June 12, 2019) (Amended Preliminary Determination).
    \3\ See Memorandum, ``Post-Preliminary Analysis of 
Countervailing Duty Investigation of Polyester Textured Yarn from 
India,'' dated August 22, 2019 (Post-Preliminary Analysis).
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum issued concurrently with this notice.\4\ 
The Issues and 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 Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of the Countervailing Duty 
Investigation of Polyester Textured Yarn from India,'' dated 
concurrently with this determination and hereby adopted by this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Period of Investigation

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

Scope of the Investigation

    The product covered by this investigation is polyester textured 
yarn from India. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation'' in Appendix I.

Scope Comments

    During the course of this investigation and the concurrent AD 
investigation of yarn from India, and concurrent AD and CVD 
investigations of yarn from China, certain interested parties commented 
on the scope of the investigation as it appeared in the Initiation 
Notice.\5\ Commerce addressed these comments in the Preliminary 
Determination, wherein Commerce preliminarily modified the scope 
language as it appeared in the Initiation Notice to exclude bulk 
continuous filament yarn.\6\ No interested parties commented on the 
preliminary exclusion of bulk continuous filament yarn. Thus, we have 
made no changes to the scope language from the Preliminary 
Determination with regard to bulk continuous filament yarn.
---------------------------------------------------------------------------

    \5\ See Polyester Textured Yarn from India and the People's 
Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 83 FR 58223, 58233 (November 19, 2018) (Initiation 
Notice).
    \6\ See Preliminary Determination at 19037.
---------------------------------------------------------------------------

    On May 2, 2019, the petitioners \7\ requested that Commerce include 
an additional Harmonized Tariff Schedule of the United States (HTSUS) 
subheading in the scope language.\8\ Specifically, the petitioners 
requested that Commerce add HTSUS 5402.52.00 covering twisted yarn to 
the scope of the investigations.\9\ As no interested parties rebutted 
the petitioners' request to add this HTSUS subheading, and Commerce 
finds that the petitioners' request is reasonable, we have revised the 
scope of the investigations to include HTSUS 5402.52.00. See Appendix I 
for the final scope of the investigation.
---------------------------------------------------------------------------

    \7\ Unifi Manufacturing, Inc., and Nan Ya Plastics Corporation, 
America are collectively the petitioners.
    \8\ See Petitioner's Comments, ``Request to Include HTSUS 
Subheading 5402.52 in the Scope of These Investigations,'' dated May 
2, 2019 (Petitioners' Scope Request).
    \9\ See Petitioners' Scope Request.
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in July 2019, we conducted verification of the questionnaire 
responses submitted by JBF, Reliance, and the Government of India 
(GOI).\10\ We used standard verification procedures, including an 
examination of relevant

[[Page 63849]]

accounting and financial records, and original source documents.
---------------------------------------------------------------------------

    \10\ See Memoranda, ``Verification of the Questionnaire 
Responses of JBF Industries Limited: Countervailing Duty 
Investigation of Polyester Textured Yarn from India,'' dated August 
22, 2019; ``Verification of the Questionnaire Responses of Reliance 
Industries Limited: Countervailing Duty Investigation of Polyester 
Textured Yarn from India,'' dated August 22, 2019; and 
``Verification of the Questionnaire Responses of the Government of 
India: Countervailing Duty Investigation of Polyester Textured Yarn 
from India,'' dated August 22, 2019.
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Act. For each of the subsidy programs found countervailable, 
Commerce determines that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\11\ For a full description 
of the methodology underlying our final determination, see the Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

    \11\ 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.
---------------------------------------------------------------------------

    In making this final determination, Commerce relied, in part, on 
facts available pursuant to section 776(a) of the Act. Additionally, as 
discussed in the Issues and Decision Memorandum, because one or more 
respondents did not act to the best of their ability in responding to 
our requests for information, we drew adverse inferences, where 
appropriate, in selecting from among the facts otherwise available, 
pursuant to section 776(b) of the Act.\12\ For further information, see 
the section ``Use of Facts Otherwise Available and Adverse Inferences'' 
in the accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \12\ See Issues and Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences'' section.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, minor corrections presented at verification, and our 
verification findings, we made certain changes to JBF's and Reliance's 
subsidy rate calculations. Commerce has also revised the all-others 
rate. For a discussion of these changes, see the Issues and Decision 
Memorandum.

Final Determination

    In accordance with section 705(c)(l)(B)(i) of the Act, we 
calculated rates for JBF and Reliance, the producers/exporters of 
subject merchandise selected for individual examination in this 
investigation.
    Section 705(c)(5)(A) of the Act provides that in the final 
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 calculated individual estimated 
countervailable subsidy rates for both JBF and Reliance that are not 
zero, de minimis, or based entirely on facts otherwise available. 
Commerce calculated the all-others rate using a weighted average of the 
individual estimated subsidy rates calculated for the examined 
respondents using each company's publicly-ranged values for the 
merchandise under consideration.\13\
---------------------------------------------------------------------------

    \13\ See Memorandum, ``Calculation of the All-Others Rate for 
the Final Determination,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
JBF Industries Limited......................................       21.83
Reliance Industries Limited.................................        4.29
All Others..................................................        4.65
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of publication of this notice, in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d)(1)(B) and (d)(2) of the Act, we instructed 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 the Preliminary Determination in the 
Federal Register. In accordance with section 703(d) of the Act, we 
issued instructions to CBP to discontinue the suspension of liquidation 
for CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after August 31, 2019, but to continue the suspension 
of liquidation of all entries from May 3, 2019 through August 30, 2019.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order, reinstate 
the suspension of liquidation under section 706(a) of the Act, and 
require a cash deposit of estimated countervailing duties for such 
entries of subject merchandise in the amounts indicated above. If the 
ITC determines that material injury, or threat of material injury, does 
not exist, this proceeding will be terminated, and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).


[[Page 63850]]


    Dated: November 13, 2019.
Jeffery 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). Merchandise 
subject to this investigation may also enter under HTSUS subheading 
5402.52.00. 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Subsidies Valuation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Analysis of Programs
VI. Analysis of Comments
    Comment 1: Whether to Revise the All Other's Rate
    Comment 2: Whether the New Subsidy Allegations Were 
Appropriately Initiated
    Comment 3: Whether to Countervail the Advanced Authorization 
(AAP), Duty Drawback (DDB), and Export Promotion of Capital Goods 
Scheme (EPCGS) Programs
    Comment 4: Whether to Countervail the Merchandise Export 
Incentive Scheme (MEIS) Program
    Comment 5: Whether Certain Subsidies Are Tied to Subject 
Merchandise or Non-Subject Merchandise
    Comment 6: Whether Upstream Subsidy Provisions Are Applicable to 
Subsidies Provided Directly to Mandatory Respondents
    Comment 7: Whether the Government of India (GOI) Failed to 
Cooperate to the Best of Its Ability
    Comment 8: Whether the SEZ Import Duty Exemption Is 
Countervailable
    Comment 9: Whether to Recalculate the Benefits from the EPCGS 
Program and the SEZ Import Duty Exemption Program
    Comment 10: Whether to Apply Adverse Facts Available (AFA) to 
Reliance's Unreported Benefits from the SGOG Electricity Program
    Comment 11: Whether to Apply Different Benchmarks in the 
Calculation of Land Benefits Received by Reliance Under the Gujarat 
Industrial Development Corporation (GIDC)
    Comment 12: State Government of Gujarat (SGOG) Provision of 
Water for Less Than Adequate Renumeration (LTAR)
    Comment 13: Whether the Reliance Verification Report Contains 
Errors
    Comment 14: Whether JBF Received a Benefit Under the State and 
Union Territory Sales Tax Incentive Program (State and Union 
Territory Sales Tax Program)
    Comment 15: Whether to Countervail the GOI Policy Lending and 
GOI Export Financing Programs and Whether to Revise the Calculation 
of Benefits Received by JBF Under These Programs
    Comment 16: Whether to Apply AFA to JBF' Reporting of Subject 
Merchandise and Whether to Revise the Calculation of Benefits 
Received Under the DDB Program
    Comment 17: Whether to Accept JBF's Ministerial Error Comments
    Comment 18: Whether to Accept JBF's Minor Corrections Regarding 
the AAP Program
VII. Recommendation

[FR Doc. 2019-25084 Filed 11-18-19; 8:45 am]
BILLING CODE 3510-DS-P