Polyester Textured Yarn From India: Final Determination of Sales at Less Than Fair Value, 63843-63845 [2019-25085]
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Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices
Pursuant to 15 CFR 400.14(b),
additional FTZ authority would be
limited to the specific foreign-status
component described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt Volkswagen from customs
duty payments on the foreign-status
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On its domestic sales, for the foreignstatus component noted below,
Volkswagen would be able to choose the
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procedures that applies to passenger
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on foreign-status components which
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The component sourced from abroad
is gas springs (duty rate—3.9%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
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A copy of the notification will be
available for public inspection in the
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For further information, contact
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482–1963.
Dated: November 13, 2019.
Andrew McGilvray,
Executive Secretary.
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) 482–4929 or
(202) 482–0768, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2019, Commerce published
in the Federal Register its preliminary
affirmative determination in the LTFV
investigation of yarn from India 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 https://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 https://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 October
1, 2017 through September 30, 2018.
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.
[FR Doc. 2019–25040 Filed 11–18–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Scope Comments
International Trade Administration
During the course of this investigation
and the concurrent countervailing duty
(CVD) investigation of yarn from India,
and concurrent antidumping duty (AD)
and CVD investigations of yarn from the
People’s Republic of China, certain
[A–533–885]
Polyester Textured Yarn From India:
Final Determination of Sales at Less
Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
polyester textured yarn (yarn) from
India 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:
Katherine Johnson or Michael Bowen,
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
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16:47 Nov 18, 2019
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1 See Polyester Textured Yarn from India:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination and Extension of Provisional
Measures, 84 FR 31301 (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
India,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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63843
interested parties commented on the
scope of the investigations as it
appeared in the Initiation Notice.3
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.4 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.
In the Preliminary Determination, we
also noted that on May 2, 2019, the
petitioners 5 requested that Commerce
include an additional Harmonized Tariff
Schedule of the United States (HTSUS)
subheading in the scope language.6 We
stated our intent to address this request
in the final determinations of this and
the above-referenced concurrent
investigations. Specifically, the
petitioners requested that Commerce
add HTSUS 5402.52.00 covering twisted
yarn to the scope of the investigations.7
As no interested parties rebutted the
petitioners’ request to add this HTSUS
subheading, and Commerce finds 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.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
at Appendix II.
Verification
As provided for in section 782(i) of
the Tariff Act of 1930, as amended (the
Act), in July and August 2019, we
conducted verification of the sales and
cost information submitted by Reliance
Industries Limited (Reliance) for use in
our final determination. We used
standard verification procedures,
including an examination of relevant
3 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).
4 See Preliminary Determination, 84 FR at 31302.
5 Unifi Manufacturing, Inc. and Nan Ya Plastics
Corporation, America are collectively the
petitioners.
6 See Preliminary Determination, 84 FR at 31302.
7 See the Petitioners’ Comments, ‘‘Request to
Include HTSUS Subheading 5402.52 in the Scope
of These Investigations, dated May 2, 2019.
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63844
Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices
accounting and production records, and
original source documents provided by
Reliance.8
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Reliance. For
a discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Use of Adverse Facts Available
The respondent JBF Industries
Limited (JBF) failed to cooperate in this
investigation. Therefore, in the
Preliminary Determination, pursuant to
sections 776(a) and (b) of the Act,
Commerce assigned JBF a rate based on
adverse facts available (AFA). There is
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Commerce assigned a rate
based entirely on facts available to JBF.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Reliance. Consequently, the rate
calculated for Reliance is also assigned
as the rate for all other producers and
exporters.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Exporter or producer
Weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offset(s))
JBF Industries Limited .............................................................................................................................
Reliance Industries Limited .....................................................................................................................
All Others .................................................................................................................................................
47.51
17.62
17.62
43.38
13.49
13.14
Disclosure
We intend to disclose the calculations
performed in this final determination
within five days of the date of
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
khammond on DSKJM1Z7X2PROD with NOTICES
no new information on the record that
would cause us to revisit our
determination to apply AFA to JBF.
Accordingly, we continue to find that
the application of AFA pursuant to
sections 776(a) and (b) of the Act is
warranted with respect to JBF.
Commerce has assigned to JBF’s exports
of the subject merchandise the rate of
47.51 percent, which is Reliance’s
highest transaction-specific margin.9
Because this rate is not secondary
information, but rather is based on
information obtained in the course of
the investigation, Commerce need not
corroborate this rate pursuant to section
776(c) of the Act.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
yarn from India, as described in
Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after July 1, 2019,
the date of publication in the Federal
Register of the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the respondents
listed above will be equal to the
respondent-specific estimated weightedaverage dumping margin determined in
8 For a discussion of our verification findings, see
the following memoranda: ‘‘Verification of the Cost
Response of Reliance Industries Limited, (RIL) in
the Antidumping Duty Investigation of Polyester
Textured Yarn from India,’’ dated September 9,
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16:47 Nov 18, 2019
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this final determination; (2) if the
exporter is not a respondent identified
above but the producer is, then the cash
deposit rate will be equal to the
respondent-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension-of-liquidation
instructions will remain in effect until
further notice.
In the event that a CVD order is
issued, and suspension of liquidation is
resumed in the companion CVD
investigation on yarn from India,
Commerce will instruct CBP to require
cash deposits adjusted by the amount of
export subsidies, as appropriate.10
These adjustments are reflected in the
final column of the rate chart, above.
Until such suspension of liquidation is
resumed in the companion CVD
investigation, and so long as suspension
of liquidation continues under this AD
investigation, the cash deposit rates for
this AD investigation will be the rates
identified in the estimated weightedaverage dumping margin column in the
rate chart, above.
2019; and ‘‘Verification of the Sales Response of
Reliance Industries Limited in the Antidumping
Investigation of Polyester Textured Yarn from
India,’’ dated September 16, 2019.
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International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of yarn no later than 45
days after this final determination. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated, and all cash deposits posted
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue an AD order directing CBP to
assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
9 See
Issues and Decision Memorandum.
Memorandum, ‘‘Calculation of Export
Subsidy Adjustments for the Final Determination,’’
dated November 13, 2019.
10 See
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Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices
Notification Regarding Administrative
Protective Orders
This notice will serve as a final
reminder to the parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: November 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
khammond on DSKJM1Z7X2PROD with NOTICES
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 the
investigation is bulk continuous filament
yarn that: (a) Is polyester synthetic
multifilament yarn; (b) has denier size ranges
of 900 and above; (c) has turns per meter of
40 and above; and (d) has a maximum
shrinkage of 2.5 percent.
The merchandise subject to this
investigation is properly classified under
subheadings 5402.33.3000 and 5402.33.6000
of the Harmonized Tariff Schedule of the
United States (HTSUS). 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 merchandise is
dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Discussion of the Issues
Reliance
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16:47 Nov 18, 2019
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1. Whether Adverse Facts Available (AFA)
is Warranted for Reliance
2. Affiliated Party Purchases
3. Technical Services Adjustment
4. Level of Trade (LOT) Adjustment
5. Sales Made Outside the Ordinary Course
of Trade
JBF
6. Whether AFA is Warranted for JBF
7. Selection of the Appropriate AFA Rate
for JBF
8. Adjustment to Cash Deposit Rates for
Export Subsidies
V. Recommendation
[FR Doc. 2019–25085 Filed 11–18–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–098]
Polyester Textured Yarn From the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination and Final Affirmative
Determination of Critical
Circumstances
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 the
People’s Republic of China (China).
DATES: Applicable November 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Joseph Dowling or Robert Palmer, 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) 482–1646 or
(202) 482–9068, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 3, 2019, Commerce published
in the Federal Register the Preliminary
Determination.1 The selected mandatory
respondents in this investigation are
Fujian Billion Polymerization Fiber
Technology Industrial Co., Ltd. (Fujian
Billion), Suzhou Shenghong Fiber Co.,
Ltd. (Shenghong Fiber), and Suzhou
Shenghong Garmant Development Co.
(Garmant). In the Preliminary
Determination, in accordance with
1 See Polyester Textured Yarn from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 84 FR 19040 (May 3, 2019)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
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63845
section 705(a)(1) of the Tariff Act of
1930, as amended (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. On August 22,
2019, Commerce issued its PostPreliminary Analysis.2
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.3 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 https://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 https://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
January 1, 2017 through December 31,
2017.
Scope of the Investigation
The products covered by this
investigation are yarn from China. For a
complete 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 China, and concurrent 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.4 Commerce addressed
2 See Memorandum, ‘‘Post-Preliminary Analysis
of Countervailing Duty Investigation of Polyester
Textured Yarn from India,’’ dated August 22, 2019
(Post-Preliminary Analysis).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of the Countervailing Duty
Investigation of Polyester Textured Yarn from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by this notice (Issues and
Decision Memorandum).
4 See Polyester Textured Yarn from India and the
People’s Republic of China: Initiation of Less-Than-
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]]>Agencies
[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63843-63845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25085]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-885]
Polyester Textured Yarn From India: Final Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of polyester textured yarn (yarn) from India 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: Katherine Johnson or Michael Bowen,
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) 482-4929
or (202) 482-0768, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2019, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of yarn
from India 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\
---------------------------------------------------------------------------
\1\ See Polyester Textured Yarn from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and Extension of Provisional
Measures, 84 FR 31301 (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 India,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
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 https://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 https://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 October 1, 2017 through September
30, 2018.
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.
Scope Comments
During the course of this investigation and the concurrent
countervailing duty (CVD) investigation of yarn from India, and
concurrent antidumping duty (AD) and CVD investigations of yarn from
the People's Republic of China, certain interested parties commented on
the scope of the investigations as it appeared in the Initiation
Notice.\3\ 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.\4\ 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.
---------------------------------------------------------------------------
\3\ 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).
\4\ See Preliminary Determination, 84 FR at 31302.
---------------------------------------------------------------------------
In the Preliminary Determination, we also noted that on May 2,
2019, the petitioners \5\ requested that Commerce include an additional
Harmonized Tariff Schedule of the United States (HTSUS) subheading in
the scope language.\6\ We stated our intent to address this request in
the final determinations of this and the above-referenced concurrent
investigations. Specifically, the petitioners requested that Commerce
add HTSUS 5402.52.00 covering twisted yarn to the scope of the
investigations.\7\ As no interested parties rebutted the petitioners'
request to add this HTSUS subheading, and Commerce finds 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.
---------------------------------------------------------------------------
\5\ Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation,
America are collectively the petitioners.
\6\ See Preliminary Determination, 84 FR at 31302.
\7\ See the Petitioners' Comments, ``Request to Include HTSUS
Subheading 5402.52 in the Scope of These Investigations, dated May
2, 2019.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II.
Verification
As provided for in section 782(i) of the Tariff Act of 1930, as
amended (the Act), in July and August 2019, we conducted verification
of the sales and cost information submitted by Reliance Industries
Limited (Reliance) for use in our final determination. We used standard
verification procedures, including an examination of relevant
[[Page 63844]]
accounting and production records, and original source documents
provided by Reliance.\8\
---------------------------------------------------------------------------
\8\ For a discussion of our verification findings, see the
following memoranda: ``Verification of the Cost Response of Reliance
Industries Limited, (RIL) in the Antidumping Duty Investigation of
Polyester Textured Yarn from India,'' dated September 9, 2019; and
``Verification of the Sales Response of Reliance Industries Limited
in the Antidumping Investigation of Polyester Textured Yarn from
India,'' dated September 16, 2019.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Reliance. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
Use of Adverse Facts Available
The respondent JBF Industries Limited (JBF) failed to cooperate in
this investigation. Therefore, in the Preliminary Determination,
pursuant to sections 776(a) and (b) of the Act, Commerce assigned JBF a
rate based on adverse facts available (AFA). There is no new
information on the record that would cause us to revisit our
determination to apply AFA to JBF. Accordingly, we continue to find
that the application of AFA pursuant to sections 776(a) and (b) of the
Act is warranted with respect to JBF. Commerce has assigned to JBF's
exports of the subject merchandise the rate of 47.51 percent, which is
Reliance's highest transaction-specific margin.\9\ Because this rate is
not secondary information, but rather is based on information obtained
in the course of the investigation, Commerce need not corroborate this
rate pursuant to section 776(c) of the Act.
---------------------------------------------------------------------------
\9\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Commerce assigned a rate based entirely on facts available to JBF.
Therefore, the only rate that is not zero, de minimis, or based
entirely on facts otherwise available is the rate calculated for
Reliance. Consequently, the rate calculated for Reliance is also
assigned as the rate for all other producers and exporters.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-average Cash deposit rate
Exporter or producer dumping margin (adjusted for
(percent) subsidy offset(s))
------------------------------------------------------------------------
JBF Industries Limited........ 47.51 43.38
Reliance Industries Limited... 17.62 13.49
All Others.................... 17.62 13.14
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of yarn from India, as
described in Appendix I of this notice, which are entered, or withdrawn
from warehouse, for consumption on or after July 1, 2019, the date of
publication in the Federal Register of the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the respondents listed
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final determination; (2) if
the exporter is not a respondent identified above but the producer is,
then the cash deposit rate will be equal to the respondent-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension-of-liquidation
instructions will remain in effect until further notice.
In the event that a CVD order is issued, and suspension of
liquidation is resumed in the companion CVD investigation on yarn from
India, Commerce will instruct CBP to require cash deposits adjusted by
the amount of export subsidies, as appropriate.\10\ These adjustments
are reflected in the final column of the rate chart, above. Until such
suspension of liquidation is resumed in the companion CVD
investigation, and so long as suspension of liquidation continues under
this AD investigation, the cash deposit rates for this AD investigation
will be the rates identified in the estimated weighted-average dumping
margin column in the rate chart, above.
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\10\ See Memorandum, ``Calculation of Export Subsidy Adjustments
for the Final Determination,'' dated November 13, 2019.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of yarn no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an AD order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
[[Page 63845]]
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the parties subject
to administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: November 13, 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 the investigation is bulk continuous
filament yarn that: (a) Is polyester synthetic multifilament yarn;
(b) has denier size ranges of 900 and above; (c) has turns per meter
of 40 and above; and (d) has a maximum shrinkage of 2.5 percent.
The merchandise subject to this investigation is properly
classified under subheadings 5402.33.3000 and 5402.33.6000 of the
Harmonized Tariff Schedule of the United States (HTSUS). 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
merchandise is dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
Reliance
1. Whether Adverse Facts Available (AFA) is Warranted for
Reliance
2. Affiliated Party Purchases
3. Technical Services Adjustment
4. Level of Trade (LOT) Adjustment
5. Sales Made Outside the Ordinary Course of Trade
JBF
6. Whether AFA is Warranted for JBF
7. Selection of the Appropriate AFA Rate for JBF
8. Adjustment to Cash Deposit Rates for Export Subsidies
V. Recommendation
[FR Doc. 2019-25085 Filed 11-18-19; 8:45 am]
BILLING CODE 3510-DS-P
