Polyester Textured Yarn From India and the People's Republic of China: Amended Final Antidumping Duty Determination for India and Antidumping Duty Orders, 1298-1300 [2020-00247]
Download as PDF
1298
Notices
Federal Register
Vol. 85, No. 7
Friday, January 10, 2020
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Utah
Advisory Committee
U.S. Commission on Civil
Rights.
ACTION: Announcement of meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act
(FACA) that the meeting of the Utah
Advisory Committee (Committee) to the
Commission will be held at 12:00 p.m.
(Mountain Time) Friday, January 31,
2020. The purpose of this meeting is for
the Committee to discuss report outline
and report writing assignments on the
Gender Wage Gap.
DATES: The meeting will be held on
Friday, January 31, 2020 at 12:00 p.m.
MT.
Public Call Information: Dial: 800–
367–2401, Conference ID: 6600696.
FOR FURTHER INFORMATION CONTACT: Ana
Victoria Fortes (DFO) at afortes@
usccr.gov or (213) 894–3437.
SUPPLEMENTARY INFORMATION: This
meeting is available to the public
through the following toll-free call-in
number: 800–367–2403, conference ID
number: 6600696. Any interested
member of the public may call this
number and listen to the meeting.
Callers can expect to incur charges for
calls they initiate over wireless lines,
and the Commission will not refund any
incurred charges. Callers will incur no
charge for calls they initiate over landline connections to the toll-free
telephone number. Persons with hearing
impairments may also follow the
proceedings by first calling the Federal
Relay Service at 1–800–877–8339 and
providing the Service with the
conference call number and conference
ID number.
Members of the public are entitled to
make comments during the open period
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:39 Jan 09, 2020
Jkt 250001
at the end of the meeting. Members of
the public may also submit written
comments; the comments must be
received in the Regional Programs Unit
within 30 days following the meeting.
Written comments may be mailed to the
Western Regional Office, U.S.
Commission on Civil Rights, 300 North
Los Angeles Street, Suite 2010, Los
Angeles, CA 90012. They may be faxed
to the Commission at (213) 894–0508, or
emailed Ana Victoria Fortes at afortes@
usccr.gov. Persons who desire
additional information may contact the
Regional Programs Unit at (213) 894–
3437.
Records and documents discussed
during the meeting will be available for
public viewing prior to and after the
meetings at https://www.facadatabase.
gov/FACA/FACAPublicViewCommittee
Details?id=a10t0000001gzltAAA.
Please click on the ‘‘Committee
Meetings’’ tab. Records generated from
these meetings may also be inspected
and reproduced at the Regional
Programs Unit, as they become
available, both before and after the
meetings. Persons interested in the work
of this Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit at the above
email or street address.
Agenda
I. Welcome
II. Discuss Report Outline
III. Discuss Report Writing Assignments
IV. Public Comment
V. Good of the Order
VI. Adjournment
Dated: January 6, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–00199 Filed 1–9–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–885, A–570–097]
Polyester Textured Yarn From India
and the People’s Republic of China:
Amended Final Antidumping Duty
Determination for India and
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on polyester textured yarn from
India and the People’s Republic of
China (China). In addition, Commerce is
amending its final affirmative
determination with respect to India.
SUMMARY:
DATES:
Applicable January 10, 2020.
Kate
Johnson (India) or Irene Gorelik (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) 482–4929 or
(202) 482–6905, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2019, Commerce
published its affirmative final
determinations in the less-than-fairvalue (LTFV) investigations of polyester
textured yarn from India and China.1
Also on November 19, 2019, Commerce
received ministerial error
allegations.2 See the ‘‘India Amended
Final Determination’’ section for further
discussion. On January 3, 2020, the
International Trade Commission (ITC)
notified Commerce of its final
determinations, pursuant to section
735(d), that an industry in the United
States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the
Tariff Act of 1930, as amended (the Act)
by reason of LTFV imports of polyester
textured yarn from India and China, and
of its determination that critical
circumstances do not exist with respect
1 See Polyester Textured Yarn from India: Final
Determination of Sales at Less Than Fair Value, 84
FR 63843 (November 19, 2019) (India Final); and
Polyester Textured Yarn from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, and Final Affirmative Determination of
Critical Circumstances, 84 FR 63850 (November 19,
2019).
2 See Petitioner’s Letter, ‘‘Polyester Textured Yarn
from India—Petitioners’ Ministerial Error
Comments Regarding the Final Determination,’’
dated November 19, 2019; see also JBF’s Letter
‘‘Antidumping Investigation of Polyester Textured
Yarn from India (Case No. A–533–885)—JBF
Industries Limited’s Ministerial Error Comments for
the Final Determination,’’ dated November 19,
2019.
E:\FR\FM\10JAN1.SGM
10JAN1
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Notices
to imports of polyester textured yarn
from China.3
Scope of the Orders
The product covered by these orders
is polyester textured yarn from India
and China. For a complete description
of the scope of these orders, see the
Appendix to this notice.
Amendment to Final Determination
A ministerial error is defined as an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.4
India Amended Final Determination
Pursuant to section 735(e) of the Act
and 19 CFR 351.224(e) and (f),
Commerce is amending the final
determinations in the LTFV
investigation of polyester textured yarn
from India (India Final) to reflect the
correction of a ministerial error in the
final estimated weighted-average
dumping margin calculated for Reliance
Industries Limited (Reliance). In
addition, because Reliance’s estimated
weighted-average dumping margin is
the basis for the estimated weightedaverage dumping margin for JBF
Industries Limited (JBF), as well as the
estimated weighted-average dumping
margin determined for all other Indian
producers and exporters of subject
merchandise, we also are revising JBF’s
estimated weighted-average dumping
margin and the all-others rate in the
India Final.5
jbell on DSKJLSW7X2PROD with NOTICES
Antidumping Duty Orders
On January 3, 2020, in accordance
with section 735(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 imports of polyester textured
yarn from India and China.6 Therefore,
in accordance with section 735(c)(2) of
the Act, Commerce is issuing these
antidumping duty orders. Because the
3 See ITC Notification Letter, Investigation Nos.
701–TA–612–613 and 731–TA–1429–1430 (Final),
dated January 3, 2020 (ITC Notification).
4 See section 735(e) of the Act; see also 19 CFR
351.224(f).
5 See infra, section on ‘‘Estimated WeightedAverage Dumping Margins’’; see also
Memorandum, ‘‘Less-Than-Fair-Value Investigation
of Polyester Textured Yarn from India: Ministerial
Error Allegations Regarding the Final
Determination,’’ dated December 9, 2019.
6 See ITC Notification Letter; see also Polyester
Textured Yarn from China and India (Inv. Nos.
701–TA–612–613 and 731–TA–1429–1430 (Final),
USITC Publication 5007, January 2020).
VerDate Sep<11>2014
16:39 Jan 09, 2020
Jkt 250001
ITC determined that imports of
polyester textured yarn from India and
China are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from India and China,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of polyester textured
yarn from India and China. With the
exception of entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final affirmative injury
determinations, as further described
below, antidumping duties will be
assessed on unliquidated entries of
polyester textured yarn from India and
China entered, or withdrawn from
warehouse, for consumption, on or after
July 1, 2019, the date of publication of
the preliminary determinations.7
Continuation of Suspension of
Liquidation
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 735(c)(1)(B) of
the Act, Commerce will instruct CBP to
continue to suspend liquidation on all
relevant entries of polyester textured
yarn from India and China. These
instructions suspending liquidation will
remain in effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margins indicated in the tables below,
adjusted by the export subsidy offset.
Given that the provisional measures
period has expired, as explained below,
effective on the date of publication in
the Federal Register of the notice of the
ITC’s final affirmative injury
determinations, CBP will require, at the
same time as importers would normally
deposit estimated duties on subject
merchandise, a cash deposit equal to the
rates noted below.8 The relevant allothers rate applies to all producers or
exporters not specifically listed. The
China-wide entity rate applies to all
7 See
China Preliminary Determination and
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) (India
Preliminary Determination).
8 See section 736(a)(3) of the Act.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
1299
exporter-producer combinations not
specifically listed.
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
polyester textured yarn from India and
China, Commerce extended the fourmonth period to six months in each of
these investigations. Commerce
published the preliminary
determinations in these investigations
on July 1, 2019.9
The extended provisional measures
period, beginning on the date of
publication of the preliminary
determinations, ended on December 27,
2019. Therefore, in accordance with
section 733(d) of the Act and our
practice,10 Commerce will instruct CBP
to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of polyester
textured yarn from India and China
entered, or withdrawn from warehouse,
for consumption after December 27,
2019, the final day on which the
provisional measures were in effect,
until and through the day preceding the
date of publication of the ITC’s final
affirmative injury determinations in the
Federal Register. Suspension of
liquidation and the collection of cash
deposits will resume on the date of
publication of the ITC’s final
determinations in the Federal Register.
Critical Circumstances
With regard 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 antidumping
duties with respect to entries of
polyester textured yarn from China,
entered or withdrawn from warehouse,
for consumption on or after April 2,
2019 (i.e., 90 days prior to the date of
9 See China Preliminary Determination and India
Preliminary Determination.
10 See, e.g., Certain Corrosion-Resistant Steel
Products from India, India, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
E:\FR\FM\10JAN1.SGM
10JAN1
1300
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Notices
publication of the preliminary
determination), but before July 1, 2019
(i.e., the date of publication of the
preliminary determination for this
investigation).
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
antidumping duty margin percentages
are as follows:
INDIA
Estimated
weightedaverage
dumping
margin
(percent)
Exporter or producer
JBF Industries Limited .............................................................................................................................................
Reliance Industries Limited .....................................................................................................................................
All Others .................................................................................................................................................................
Cash deposit
rate (adjusted
for export
subsidy
offset(s))
(percent)
47.98
17.98
17.98
43.85
13.85
13.50
CHINA
Producer
Exporter
Jiangsu Hengli Chemical Fiber Co., Ltd ......................
Jiangsu Hengli Chemical Fiber Co., Ltd ......................
China-Wide Entity 11 .....................................................
This notice constitutes the
antidumping duty orders with respect to
polyester textured yarn from India and
China pursuant to section 736(a) of the
Act. Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This amended final determination
and antidumping duty orders are
published in accordance with sections
735(e) and 736(a) of the Act and 19 CFR
351.224(e) and 19 CFR 351.211(b).
Dated: January 6, 2020.
Jeffrey I. Kessler,
Assistant 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
jbell on DSKJLSW7X2PROD with NOTICES
Estimated
dumping
margin
(percent)
11 The China-wide entity includes: (1) The single
entity comprising Fujian Billion Polymerization
Fiber Technology Industrial Co., Ltd. and its
affiliate Fujian Baikai Textile Chemical Fiber Co.,
Ltd.; (2) Suzhou Shenghong Fiber Co., Ltd. (3)
Fujian Zhengqi Hi-tech Fiber Technology Co., Ltd.;
(4) Chori (China) Co., Ltd.; (5) Jinjiang Jinfu
Chemical Fiber and Polymer Co., Ltd.; (6) Jiangsu
Guowang High-Technique Fiber Co., Ltd.; and (7)
Pujiang Fairy Home Textile Co., Ltd. The Chinawide entity also includes 33 companies named in
the Petition that did not respond to our request for
quantity and value information, and two companies
that submitted quantity and value data but did not
submit separate rate applications.
VerDate Sep<11>2014
16:39 Jan 09, 2020
Jkt 250001
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 5402.52.00.12 Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2020–00247 Filed 1–9–20; 8:45 am]
BILLING CODE 3510–DS–P
12 HTSUS
subheading 5402.52 includes
subheadings 5402.52.10.00 and 5402.52.90.00.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Cash deposit
rate (adjusted
for export
subsidy offset)
(percent)
76.07
77.15
65.39
66.47
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–892]
Forged Steel Fittings From India:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
AGENCY:
DATES:
Applicable January 10, 2020.
FOR FURTHER INFORMATION CONTACT:
Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4737.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2019, the
Department of Commerce (Commerce)
initiated the countervailing duty (CVD)
investigation of forged steel fittings from
India.1 Currently, the preliminary
determination is due no later than
January 16, 2020.
1 See Forged Steel Fittings from India: Initiation
of Countervailing Duty Investigation, 84 FR 64270
(November 21, 2019).
E:\FR\FM\10JAN1.SGM
10JAN1
Agencies
[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Pages 1298-1300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00247]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-885, A-570-097]
Polyester Textured Yarn From India and the People's Republic of
China: Amended Final Antidumping Duty Determination for India and
Antidumping 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 antidumping duty orders on polyester textured yarn
from India and the People's Republic of China (China). In addition,
Commerce is amending its final affirmative determination with respect
to India.
DATES: Applicable January 10, 2020.
FOR FURTHER INFORMATION CONTACT: Kate Johnson (India) or Irene Gorelik
(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) 482-4929
or (202) 482-6905, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2019, Commerce published its affirmative final
determinations in the less-than-fair-value (LTFV) investigations of
polyester textured yarn from India and China.\1\ Also on November 19,
2019, Commerce received ministerial error allegations.\2\ See the
``India Amended Final Determination'' section for further discussion.
On January 3, 2020, the International Trade Commission (ITC) notified
Commerce of its final determinations, pursuant to section 735(d), that
an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Tariff Act of 1930, as
amended (the Act) by reason of LTFV imports of polyester textured yarn
from India and China, and of its determination that critical
circumstances do not exist with respect
[[Page 1299]]
to imports of polyester textured yarn from China.\3\
---------------------------------------------------------------------------
\1\ See Polyester Textured Yarn from India: Final Determination
of Sales at Less Than Fair Value, 84 FR 63843 (November 19, 2019)
(India Final); and Polyester Textured Yarn from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, and Final Affirmative Determination of Critical
Circumstances, 84 FR 63850 (November 19, 2019).
\2\ See Petitioner's Letter, ``Polyester Textured Yarn from
India--Petitioners' Ministerial Error Comments Regarding the Final
Determination,'' dated November 19, 2019; see also JBF's Letter
``Antidumping Investigation of Polyester Textured Yarn from India
(Case No. A-533-885)--JBF Industries Limited's Ministerial Error
Comments for the Final Determination,'' dated November 19, 2019.
\3\ See ITC Notification Letter, Investigation Nos. 701-TA-612-
613 and 731-TA-1429-1430 (Final), dated January 3, 2020 (ITC
Notification).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is polyester textured yarn from
India and China. For a complete description of the scope of these
orders, see the Appendix to this notice.
Amendment to Final Determination
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\4\
---------------------------------------------------------------------------
\4\ See section 735(e) of the Act; see also 19 CFR 351.224(f).
---------------------------------------------------------------------------
India Amended Final Determination
Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the final determinations in the LTFV
investigation of polyester textured yarn from India (India Final) to
reflect the correction of a ministerial error in the final estimated
weighted-average dumping margin calculated for Reliance Industries
Limited (Reliance). In addition, because Reliance's estimated weighted-
average dumping margin is the basis for the estimated weighted-average
dumping margin for JBF Industries Limited (JBF), as well as the
estimated weighted-average dumping margin determined for all other
Indian producers and exporters of subject merchandise, we also are
revising JBF's estimated weighted-average dumping margin and the all-
others rate in the India Final.\5\
---------------------------------------------------------------------------
\5\ See infra, section on ``Estimated Weighted-Average Dumping
Margins''; see also Memorandum, ``Less-Than-Fair-Value Investigation
of Polyester Textured Yarn from India: Ministerial Error Allegations
Regarding the Final Determination,'' dated December 9, 2019.
---------------------------------------------------------------------------
Antidumping Duty Orders
On January 3, 2020, in accordance with section 735(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 imports of polyester textured yarn
from India and China.\6\ Therefore, in accordance with section
735(c)(2) of the Act, Commerce is issuing these antidumping duty
orders. Because the ITC determined that imports of polyester textured
yarn from India and China are materially injuring a U.S. industry,
unliquidated entries of such merchandise from India and China, entered
or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
---------------------------------------------------------------------------
\6\ See ITC Notification Letter; see also Polyester Textured
Yarn from China and India (Inv. Nos. 701-TA-612-613 and 731-TA-1429-
1430 (Final), USITC Publication 5007, January 2020).
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of polyester textured yarn from India and China. With
the exception of entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
affirmative injury determinations, as further described below,
antidumping duties will be assessed on unliquidated entries of
polyester textured yarn from India and China entered, or withdrawn from
warehouse, for consumption, on or after July 1, 2019, the date of
publication of the preliminary determinations.\7\
---------------------------------------------------------------------------
\7\ See China Preliminary Determination and 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) (India
Preliminary Determination).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce
will instruct CBP to continue to suspend liquidation on all relevant
entries of polyester textured yarn from India and China. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below, adjusted by the export subsidy offset. Given that the
provisional measures period has expired, as explained below, effective
on the date of publication in the Federal Register of the notice of the
ITC's final affirmative injury determinations, CBP will require, at the
same time as importers would normally deposit estimated duties on
subject merchandise, a cash deposit equal to the rates noted below.\8\
The relevant all-others rate applies to all producers or exporters not
specifically listed. The China-wide entity rate applies to all
exporter-producer combinations not specifically listed.
---------------------------------------------------------------------------
\8\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of polyester textured yarn from India and China, Commerce extended the
four-month period to six months in each of these investigations.
Commerce published the preliminary determinations in these
investigations on July 1, 2019.\9\
---------------------------------------------------------------------------
\9\ See China Preliminary Determination and India Preliminary
Determination.
---------------------------------------------------------------------------
The extended provisional measures period, beginning on the date of
publication of the preliminary determinations, ended on December 27,
2019. Therefore, in accordance with section 733(d) of the Act and our
practice,\10\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of polyester textured yarn from India and China
entered, or withdrawn from warehouse, for consumption after December
27, 2019, the final day on which the provisional measures were in
effect, until and through the day preceding the date of publication of
the ITC's final affirmative injury determinations in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC's final
determinations in the Federal Register.
---------------------------------------------------------------------------
\10\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
---------------------------------------------------------------------------
Critical Circumstances
With regard 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 antidumping
duties with respect to entries of polyester textured yarn from China,
entered or withdrawn from warehouse, for consumption on or after April
2, 2019 (i.e., 90 days prior to the date of
[[Page 1300]]
publication of the preliminary determination), but before July 1, 2019
(i.e., the date of publication of the preliminary determination for
this investigation).
Estimated Weighted-Average Dumping Margins
The estimated weighted-average antidumping duty margin percentages
are as follows:
India
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
average for export
Exporter or producer dumping subsidy
margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
JBF Industries Limited.................. 47.98 43.85
Reliance Industries Limited............. 17.98 13.85
All Others.............................. 17.98 13.50
------------------------------------------------------------------------
China
----------------------------------------------------------------------------------------------------------------
Cash deposit
Estimated rate (adjusted
dumping for export
Producer Exporter margin subsidy
(percent) offset)
(percent)
----------------------------------------------------------------------------------------------------------------
Jiangsu Hengli Chemical Fiber Co., Ltd........ Jiangsu Hengli Chemical Fiber 76.07 65.39
Co., Ltd.
China-Wide Entity \11\.......... 77.15 66.47
----------------------------------------------------------------------------------------------------------------
This notice constitutes the antidumping duty orders with respect to
polyester textured yarn from India and China pursuant to section 736(a)
of the Act. Interested parties can find a list of antidumping duty
orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
---------------------------------------------------------------------------
\11\ The China-wide entity includes: (1) The single entity
comprising Fujian Billion Polymerization Fiber Technology Industrial
Co., Ltd. and its affiliate Fujian Baikai Textile Chemical Fiber
Co., Ltd.; (2) Suzhou Shenghong Fiber Co., Ltd. (3) Fujian Zhengqi
Hi-tech Fiber Technology Co., Ltd.; (4) Chori (China) Co., Ltd.; (5)
Jinjiang Jinfu Chemical Fiber and Polymer Co., Ltd.; (6) Jiangsu
Guowang High-Technique Fiber Co., Ltd.; and (7) Pujiang Fairy Home
Textile Co., Ltd. The China-wide entity also includes 33 companies
named in the Petition that did not respond to our request for
quantity and value information, and two companies that submitted
quantity and value data but did not submit separate rate
applications.
---------------------------------------------------------------------------
This amended final determination and antidumping duty orders are
published in accordance with sections 735(e) and 736(a) of the Act and
19 CFR 351.224(e) and 19 CFR 351.211(b).
Dated: January 6, 2020.
Jeffrey I. Kessler,
Assistant 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.\12\
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
---------------------------------------------------------------------------
\12\ HTSUS subheading 5402.52 includes subheadings 5402.52.10.00
and 5402.52.90.00.
[FR Doc. 2020-00247 Filed 1-9-20; 8:45 am]
BILLING CODE 3510-DS-P