Polyester Textured Yarn From India: Final Determination of Sales at Less Than Fair Value, 63843-63845 [2019-25085]

Download as PDF 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 components used in export production. On its domestic sales, for the foreignstatus component noted below, Volkswagen would be able to choose the duty rate during customs entry procedures that applies to passenger motor vehicles (duty rate—2.5%). Volkswagen would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. 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 December 30, 2019. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Wedderburn at Chris.Wedderburn@trade.gov or (202) 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 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 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: VerDate Sep<11>2014 16:47 Nov 18, 2019 Jkt 250001 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. E:\FR\FM\19NON1.SGM 19NON1 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, VerDate Sep<11>2014 16:47 Nov 18, 2019 Jkt 250001 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 E:\FR\FM\19NON1.SGM 19NON1 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 VerDate Sep<11>2014 16:47 Nov 18, 2019 Jkt 250001 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 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 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- E:\FR\FM\19NON1.SGM Continued 19NON1

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 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 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.
---------------------------------------------------------------------------

    \10\ See Memorandum, ``Calculation of Export Subsidy Adjustments 
for the Final Determination,'' dated November 13, 2019.
---------------------------------------------------------------------------

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