Polyester Textured Yarn From the People's Republic of China and India: Countervailing Duty Orders, 1301-1302 [2020-00245]
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Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Notices
Postponement of the Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1)(A) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if
a petitioner makes a timely request for
a postponement. Under 19 CFR
351.205(e), a petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reason for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.2
On November 27, 2019, Bonney Forge
Corporation and the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union
(collectively, petitioners) submitted a
timely request pursuant to section
703(c)(1)(A) of the Act and 19 CFR
351.205(e) to postpone fully the
preliminary determination. The
petitioners stated that the purpose of
their request was to provide Commerce
with sufficient time to select
appropriate respondents and conduct a
full investigation in light of the complex
nature of the basket categories in which
subject imports are classified.3
In accordance with 19 CFR
351.205(e), the reason for requesting a
postponement of the preliminary
determination and the record does not
present any compelling reasons to deny
the request. Therefore, in accordance
with section 703(c)(1)(A) of the Act,
Commerce is postponing the deadline
for the preliminary determination to
March 23, 2020.4 Pursuant to section
705(a)(l) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination will continue to be 75
days after the date of the preliminary
determination, unless postponed at a
later date.
2 See
19 CFR 351.205(e).
Petitioner’s Letter, ‘‘Forged Steel Fittings
from India: Request to Postpone Preliminary
Determination,’’ dated November 27, 2019.
4 In this case, 130 days after initiation falls on
Saturday, March 21, 2020. Commerce’s practice
dictates that where a deadline falls on a weekend
or federal holiday, the appropriate deadline is the
next business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
jbell on DSKJLSW7X2PROD with NOTICES
3 See
VerDate Sep<11>2014
16:39 Jan 09, 2020
Jkt 250001
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(l).
Dated: January 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–00251 Filed 1–9–20; 8:45 am]
BILLING CODE 3510–DS–P
1301
to imports of polyester textured yarn
from China.2
Scope of the Orders
The product covered by these orders
is polyester textured yarn from China
and India. For a complete description of
the scope of these orders, see the
Appendix to this notice.
Countervailing Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–098, C–533–886]
Polyester Textured Yarn From the
People’s Republic of China and India:
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing countervailing
duty orders on polyester textured yarn
from the People’s Republic of China
(China) and India.
DATES: Applicable January 10, 2020.
FOR FURTHER INFORMATION CONTACT:
Janae Martin (India) or Joseph Dowling
(China), 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) 482–1646, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 19, 2019, Commerce
published its final determinations in the
countervailing duty investigations of
polyester textured yarn from China and
India.1
On January 3, 2020, the ITC notified
Commerce of its final affirmative
determinations pursuant to sections
705(b)(1)(A)(i) and 705(d) of the Act that
an industry in the United States is
materially injured by reason of
subsidized imports of polyester textured
yarn from China and India, and of its
determination that critical
circumstances do not exist with respect
1 See Polyester Textured Yarn from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination and Final Affirmative
Determination of Critical Circumstances, 84 FR
63845 (November 19, 2019), and accompanying
Issues and Decision Memorandum (IDM); see also
Polyester Textured Yarn from India: Final
Affirmative Countervailing Duty Determination, 84
FR 63848 (November 19, 2019) and accompanying
IDM (collectively, Final Determinations).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
On January 3, 2020, in accordance
with sections 705(b)(1)(A)(i) and 705(d)
of the Act, the ITC notified Commerce
of its final determinations in these
investigations, in which it found that an
industry in the United States is
materially injured by reason of
subsidized imports of polyester textured
yarn from China and India. In
accordance with section 705(c)(2) Act,
we are publishing these countervailing
duty orders.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by Commerce, countervailing duties on
unliquidated entries of polyester
textured yarn from China and India
entered, or withdrawn from warehouse,
for consumption on or after May 3,
2019, the date on which Commerce
published its preliminary countervailing
duty determinations in the Federal
Register,3 and before August 31, 2019,
the effective date on which Commerce
instructed CBP to discontinue the
suspension of liquidation in accordance
with section 703(d) of the Act. Section
703(d) of the Act states that the
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. Therefore, entries of
polyester textured yarn from China and
India made on or after August 31, 2019,
and prior to the date of publication of
the ITC’s final determination in the
Federal Register, are not subject to the
assessment of countervailing duties due
to Commerce’s discontinuation of the
suspension of liquidation.
2 See ITC Notification Letter, Investigation Nos.
701–TA–612–613 and 731–TA–1429–1430 (January
3, 2020) (ITC Notification).
3 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),
and accompanying Preliminary Decision
Memorandum (PDM); see also Polyester Textured
Yarn from India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 84 FR 19036, and
accompanying PDM (May 3, 2019) (collectively,
Preliminary Determinations).
E:\FR\FM\10JAN1.SGM
10JAN1
1302
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Notices
Critical Circumstances
With regards to the ITC’s negative
critical circumstances determination on
imports of polyester textured yarn from
China discussed above, we will instruct
CBP to lift suspension and to refund any
cash deposits made to secure the
payment of estimated countervailing
duties with respect to entries of
polyester textured yarn from China,
entered or withdrawn from warehouse,
for consumption on or after February 2,
2019 (i.e., 90 days prior to the date of
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of polyester textured yarn from China
and India, effective the date of
publication of the ITC’s notice of final
determinations in the Federal Register,
and to assess, upon further instruction
by Commerce pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise. On or after the
date of publication of the ITC’s final
injury determinations in the Federal
Register, CBP must require, at the same
time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit equal to the
rates noted below:
Subsidy rate
(percent)
Country
Company
China ..............
Fujian Billion Polymerization Fiber Technology Industrial Co., Ltd 4 ......................................................................
Suzhou Shenghong Fiber Co., Ltd 5 .......................................................................................................................
Suzhou Shenghong Garmant Development Co .....................................................................................................
All Others .................................................................................................................................................................
JBF Industries Limited .............................................................................................................................................
Reliance Industries Limited .....................................................................................................................................
All Others .................................................................................................................................................................
India ...............
Provisional Measures
Section 703(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary
determination may not remain in effect
for more than four months. Therefore,
entries of polyester textured yarn from
China and India made on or after
August 31, 2019, and prior to the date
of publication of the ITC’s final
determination in the Federal Register,
are not subject to the assessment of
countervailing duties due to
Commerce’s discontinuation of the
suspension of liquidation.
In accordance with section 733(d) of
the Act, Commerce instructed CBP to
terminate the suspension of liquidation
and to liquidate, without regard to CVD
duties, unliquidated entries of polyester
textured yarn from China and India
entered, or withdrawn from warehouse,
for consumption on or after August 31,
2019, the date on which the provisional
CVD measures expired, through the day
preceding the date of publication of the
jbell on DSKJLSW7X2PROD with NOTICES
publication of the preliminary
determination), but before May 3, 2019
(i.e., the date of the publication of the
preliminary determination for this
investigation).
4 As discussed in the PDM, Commerce has found
the following companies to be cross-owned with
Fujian Billion: (1) Billion Development (Hong
Kong) Limited, and (2) Billion Industrial Investment
Limited.
5 As discussed in the PDM, Commerce has found
the following companies to be cross-owned with
Suzhou Shenghong Fiber Co., Ltd.: (1) Jiangsu
Zhonglu Technology Development Co., Ltd., (2)
Jiangsu Guowang High-Technique Fiber Co., Ltd.,
(3) Jiangsu Shenghong Science and Technology Co.,
Ltd., (4) Jiangsu Honggang Petrochemical Co., Ltd.,
(5) Shenghong Group Co., Ltd., (6) Shenghong
Holding Group, Co., Ltd., (7) Shenghong (Suzhou)
Group Co., Ltd., (8) Jiangsu Shenghong Investment
Development Co., Ltd., (9) Jiangsu Shenghong New
Material Co., Ltd., and (10) Jiangsu Shenghong
Textile Imp & Exp Co. and its successor Jiangsu
Huahui Import and Export Co., Ltd.
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16:39 Jan 09, 2020
Jkt 250001
ITC final injury determinations in the
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC final injury
determination in the Federal Register.
Notifications to Interested Parties
This notice constitutes the
countervailing duty orders with respect
to polyester textured yarn from China
and India pursuant to section 706(a) of
the Act. Interested parties can find a list
of countervailing duty orders currently
in effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: January 6, 2020.
Jeffrey I. Kessler,
Assistance Secretary for Enforcement and
Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders,
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 these orders is
bulk continuous filament yarn that: (a) Is
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
32.18
473.09
472.51
32.18
21.83
4.29
4.65
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 these orders 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 these
orders may also enter under HTSUS
subheading 5402.52.00.6 Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2020–00245 Filed 1–9–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Conference on Weights and
Measures Interim Meeting
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The Interim Meeting of the
National Conference on Weights and
Measures (NCWM) will be held in
Riverside, CA, from Sunday, January 26,
2020, through Wednesday, January 29,
2020. This notice contains information
about significant items on the NCWM
Committee agendas but does not include
all agenda items. As a result, the items
are not consecutively numbered.
SUMMARY:
6 HTSUS subheading 5402.52 includes
subheadings 5402.52.10.00 and 5402.52.90.00.
E:\FR\FM\10JAN1.SGM
10JAN1
]]>Agencies
[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Pages 1301-1302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00245]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-098, C-533-886]
Polyester Textured Yarn From the People's Republic of China and
India: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing countervailing duty orders on polyester textured
yarn from the People's Republic of China (China) and India.
DATES: Applicable January 10, 2020.
FOR FURTHER INFORMATION CONTACT: Janae Martin (India) or Joseph Dowling
(China), 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) 482-1646, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2019, Commerce published its final determinations
in the countervailing duty investigations of polyester textured yarn
from China and India.\1\
---------------------------------------------------------------------------
\1\ See Polyester Textured Yarn from the People's Republic of
China: Final Affirmative Countervailing Duty Determination and Final
Affirmative Determination of Critical Circumstances, 84 FR 63845
(November 19, 2019), and accompanying Issues and Decision Memorandum
(IDM); see also Polyester Textured Yarn from India: Final
Affirmative Countervailing Duty Determination, 84 FR 63848 (November
19, 2019) and accompanying IDM (collectively, Final Determinations).
---------------------------------------------------------------------------
On January 3, 2020, the ITC notified Commerce of its final
affirmative determinations pursuant to sections 705(b)(1)(A)(i) and
705(d) of the Act that an industry in the United States is materially
injured by reason of subsidized imports of polyester textured yarn from
China and India, and of its determination that critical circumstances
do not exist with respect to imports of polyester textured yarn from
China.\2\
---------------------------------------------------------------------------
\2\ See ITC Notification Letter, Investigation Nos. 701-TA-612-
613 and 731-TA-1429-1430 (January 3, 2020) (ITC Notification).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is polyester textured yarn from
China and India. For a complete description of the scope of these
orders, see the Appendix to this notice.
Countervailing Duty Orders
On January 3, 2020, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified Commerce of its final
determinations in these investigations, in which it found that an
industry in the United States is materially injured by reason of
subsidized imports of polyester textured yarn from China and India. In
accordance with section 705(c)(2) Act, we are publishing these
countervailing duty orders.
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of polyester textured yarn from China and India entered, or
withdrawn from warehouse, for consumption on or after May 3, 2019, the
date on which Commerce published its preliminary countervailing duty
determinations in the Federal Register,\3\ and before August 31, 2019,
the effective date on which Commerce instructed CBP to discontinue the
suspension of liquidation in accordance with section 703(d) of the Act.
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Therefore, entries of polyester
textured yarn from China and India made on or after August 31, 2019,
and prior to the date of publication of the ITC's final determination
in the Federal Register, are not subject to the assessment of
countervailing duties due to Commerce's discontinuation of the
suspension of liquidation.
---------------------------------------------------------------------------
\3\ 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), and accompanying
Preliminary Decision Memorandum (PDM); see also Polyester Textured
Yarn from India: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination with Final
Antidumping Duty Determination, 84 FR 19036, and accompanying PDM
(May 3, 2019) (collectively, Preliminary Determinations).
---------------------------------------------------------------------------
[[Page 1302]]
Critical Circumstances
With regards to the ITC's negative critical circumstances
determination on imports of polyester textured yarn from China
discussed above, we will instruct CBP to lift suspension and to refund
any cash deposits made to secure the payment of estimated
countervailing duties with respect to entries of polyester textured
yarn from China, entered or withdrawn from warehouse, for consumption
on or after February 2, 2019 (i.e., 90 days prior to the date of
publication of the preliminary determination), but before May 3, 2019
(i.e., the date of the publication of the preliminary determination for
this investigation).
Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of polyester textured yarn
from China and India, effective the date of publication of the ITC's
notice of final determinations in the Federal Register, and to assess,
upon further instruction by Commerce pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise. On or after the date of publication of the
ITC's final injury determinations in the Federal Register, CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below:
------------------------------------------------------------------------
Subsidy rate
Country Company (percent)
------------------------------------------------------------------------
China..................... Fujian Billion 32.18
Polymerization Fiber
Technology Industrial Co.,
Ltd \4\.
Suzhou Shenghong Fiber Co., 473.09
Ltd \5\.
Suzhou Shenghong Garmant 472.51
Development Co.
All Others.................. 32.18
India..................... JBF Industries Limited...... 21.83
Reliance Industries Limited. 4.29
All Others.................. 4.65
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Therefore, entries of polyester
textured yarn from China and India made on or after August 31, 2019,
and prior to the date of publication of the ITC's final determination
in the Federal Register, are not subject to the assessment of
countervailing duties due to Commerce's discontinuation of the
suspension of liquidation.
---------------------------------------------------------------------------
\4\ As discussed in the PDM, Commerce has found the following
companies to be cross-owned with Fujian Billion: (1) Billion
Development (Hong Kong) Limited, and (2) Billion Industrial
Investment Limited.
\5\ As discussed in the PDM, Commerce has found the following
companies to be cross-owned with Suzhou Shenghong Fiber Co., Ltd.:
(1) Jiangsu Zhonglu Technology Development Co., Ltd., (2) Jiangsu
Guowang High-Technique Fiber Co., Ltd., (3) Jiangsu Shenghong
Science and Technology Co., Ltd., (4) Jiangsu Honggang Petrochemical
Co., Ltd., (5) Shenghong Group Co., Ltd., (6) Shenghong Holding
Group, Co., Ltd., (7) Shenghong (Suzhou) Group Co., Ltd., (8)
Jiangsu Shenghong Investment Development Co., Ltd., (9) Jiangsu
Shenghong New Material Co., Ltd., and (10) Jiangsu Shenghong Textile
Imp & Exp Co. and its successor Jiangsu Huahui Import and Export
Co., Ltd.
---------------------------------------------------------------------------
In accordance with section 733(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to CVD duties, unliquidated entries of polyester
textured yarn from China and India entered, or withdrawn from
warehouse, for consumption on or after August 31, 2019, the date on
which the provisional CVD measures expired, through the day preceding
the date of publication of the ITC final injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC final injury determination in the Federal
Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty orders with respect
to polyester textured yarn from China and India pursuant to section
706(a) of the Act. Interested parties can find a list of countervailing
duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: January 6, 2020.
Jeffrey I. Kessler,
Assistance Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders, 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 these orders 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 these orders 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
these orders may also enter under HTSUS subheading 5402.52.00.\6\
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
---------------------------------------------------------------------------
\6\ HTSUS subheading 5402.52 includes subheadings 5402.52.10.00
and 5402.52.90.00.
[FR Doc. 2020-00245 Filed 1-9-20; 8:45 am]
BILLING CODE 3510-DS-P
