Fine Denier Polyester Staple Fiber From the Republic of India: Preliminary Results of Countervailing Duty Administrative Review, 18916-18917 [2020-07046]

Download as PDF 18916 Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES case or rebuttal briefs in this review are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of statutes, regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2). Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until May 19, 2020, unless extended. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCES. An electronically-filed document must be received successfully in its entirety by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; (3) whether any participant is a foreign national; and (4) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs.9 If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date and time to be determined.10 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates If Commerce proceeds to a final rescission of this administrative review, the assessment rate to which TG Tools’ shipments are subject will not be affected by this review. If Commerce does not proceed to a final rescission of this administrative review, pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer-specific) assessment rates based on the final results of this review. 9 See 19 CFR 351.310(c). 19 CFR 351.310(d). 10 See VerDate Sep<11>2014 17:45 Apr 02, 2020 Jkt 250001 Cash Deposit Requirements If Commerce proceeds to a final rescission of this administrative review, TG Tools’ cash deposit rate will continue to be the China-wide rate of 68.27. If Commerce issues final results for this administrative review, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the assessment of doubled antidumping duties. Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: March 27, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation [FR Doc. 2020–07045 Filed 4–2–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–876] Fine Denier Polyester Staple Fiber From the Republic of India: Preliminary Results of Countervailing Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Reliance Industries Limited (Reliance), a producer/exporter of fine denier polyester staple fiber (PSF) from the Republic of India (India) received AGENCY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 countervailable subsidies during the period of review (POR) November 6, 2017 through December 31, 2018. Interested parties are invited to comment on these preliminary results. DATES: Applicable April 3, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Martin or Dakota Potts, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936 or (202) 482–3586, respectively. SUPPLEMENTARY INFORMATION: Background On June 13, 2019, Commerce published a notice of initiation of an administrative review of the countervailing duty order on PSF from India with respect to Reliance.1 On November 7, 2019, we extended the deadline for these preliminary results to March 31, 2020.2 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The merchandise covered by this order is fine denier PSF, not carded or combed, measuring less than 3.3 decitex (3 denier) in diameter. The scope covers all fine denier PSF, whether coated or 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation Notice). 2 See Memorandum, ‘‘2017–2018 Countervailing Duty Administrative Review of Fine Denier Polyester Staple Fiber from India: Extension of Deadline for Preliminary Results,’’ dated November 7, 2019. 3 See Memorandum, ‘‘Decision Memorandum for Preliminary Results of 2018 Countervailing Duty Administrative Review: Fine Denier Polyester Staple Fiber from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices uncoated. The following products are excluded from the scope: (1) PSF equal to or greater than 3.3 decitex (more than 3 denier, inclusive) currently classifiable under HTSUS subheadings 5503.20.0045 and 5503.20.0065. (2) Low-melt PSF defined as a bicomponent polyester fiber having a polyester fiber component that melts at a lower temperature than the other polyester fiber component, which is currently classifiable under HTSUS subheading 5503.20.0015. Fine denier PSF is classifiable under the HTSUS subheading 5503.20.0025. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each subsidy program found to be countervailable, Commerce preliminarily finds that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, Commerce preliminarily finds that the net countervailable subsidy rate for the POR regarding Reliance is as follows: Company Subsidy rate (ad valorem) Reliance Industries Limited .. 4.26 jbell on DSKJLSW7X2PROD with NOTICES Assessment Rates Consistent with section 751(a)(2)(C) of the Act, upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue instructions to CBP 15 days after the date of publication of the final results of this review. Cash Deposit Requirements Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit, and section 771(5A) of the Act regarding specificity. VerDate Sep<11>2014 17:45 Apr 02, 2020 Jkt 250001 indicated above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, Commerce will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice. Disclosure and Public Comment Commerce will disclose to the parties in this proceeding the calculations performed in reaching these preliminary results within five days of the date this notice is published in the Federal Register.5 Interested parties may submit written arguments (case briefs) on these preliminary results within 30 days of publication of the preliminary results, and rebuttal arguments (rebuttal briefs) within seven days after the time limit for filing case briefs.6 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with their argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.7 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until May 19, 2020, unless extended.8 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request within 30 days after the date of publication of this notice.9 Requests should contain (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. If Commerce receives a request for a hearing, Commerce will inform parties of the schedule date for the hearing, which will be held at the main Commerce building at a time and location to be determined.10 Parties should confirm by telephone, the date, time, and location of the hearing. 5 See 19 CFR 351.224(b). 19 CFR 351.309(c); see also 19 CFR 351.309(d); and 351.303 (for general filing requirements). 7 See 19 CFR 351.309(c)(2); see also 19 CFR 351.309(d)(2). 8 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020). 9 See 19 CFR 351.310(c). 10 See 19 CFR 351.310. 6 See PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 18917 Parties are reminded that briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final results of this administrative review, including the results of Commerce’s analysis of the issues raised by parties in their comments, within 120 days after publication of these preliminary results. Notification to Interested Parties These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: March 30, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Period of Review V. Use of Facts Otherwise Available and Application of Adverse Inferences VI. Subsidies Valuation Information VII. Benchmarks and Discount Rates VIII. Discussion and Analysis of Programs IX. Recommendation [FR Doc. 2020–07046 Filed 4–2–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–502] Circular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission; Calendar Year 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that exporters/producers of circular welded carbon steel pipes and tubes from the Republic of Turkey (Turkey) received countervailable subsidies during the period of review (POR), January 1, 2018 through December 31, 2018, that were de minimis. DATES: Applicable April 3, 2020. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, AGENCY: E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18916-18917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07046]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-876]


Fine Denier Polyester Staple Fiber From the Republic of India: 
Preliminary Results of Countervailing Duty Administrative Review

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Reliance Industries Limited (Reliance), a producer/exporter of 
fine denier polyester staple fiber (PSF) from the Republic of India 
(India) received countervailable subsidies during the period of review 
(POR) November 6, 2017 through December 31, 2018. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable April 3, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Dakota Potts, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 482-3586, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 13, 2019, Commerce published a notice of initiation of an 
administrative review of the countervailing duty order on PSF from 
India with respect to Reliance.\1\ On November 7, 2019, we extended the 
deadline for these preliminary results to March 31, 2020.\2\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\3\ A list of topics 
discussed in the Preliminary Decision Memorandum is included as the 
appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room 
B8024 of the main Commerce building. In addition, a complete version of 
the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation 
Notice).
    \2\ See Memorandum, ``2017-2018 Countervailing Duty 
Administrative Review of Fine Denier Polyester Staple Fiber from 
India: Extension of Deadline for Preliminary Results,'' dated 
November 7, 2019.
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of 2018 Countervailing Duty Administrative Review: Fine 
Denier Polyester Staple Fiber from India,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is fine denier PSF, not 
carded or combed, measuring less than 3.3 decitex (3 denier) in 
diameter. The scope covers all fine denier PSF, whether coated or

[[Page 18917]]

uncoated. The following products are excluded from the scope:
    (1) PSF equal to or greater than 3.3 decitex (more than 3 denier, 
inclusive) currently classifiable under HTSUS subheadings 5503.20.0045 
and 5503.20.0065.
    (2) Low-melt PSF defined as a bi-component polyester fiber having a 
polyester fiber component that melts at a lower temperature than the 
other polyester fiber component, which is currently classifiable under 
HTSUS subheading 5503.20.0015.
    Fine denier PSF is classifiable under the HTSUS subheading 
5503.20.0025. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each subsidy program found to be countervailable, Commerce 
preliminarily finds that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\4\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit, and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, Commerce preliminarily finds that the 
net countervailable subsidy rate for the POR regarding Reliance is as 
follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                            (ad valorem)
------------------------------------------------------------------------
Reliance Industries Limited............................            4.26
------------------------------------------------------------------------

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. Commerce intends to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, Commerce will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company-specific or all-others rate applicable to the 
company, as appropriate. These cash deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    Commerce will disclose to the parties in this proceeding the 
calculations performed in reaching these preliminary results within 
five days of the date this notice is published in the Federal 
Register.\5\ Interested parties may submit written arguments (case 
briefs) on these preliminary results within 30 days of publication of 
the preliminary results, and rebuttal arguments (rebuttal briefs) 
within seven days after the time limit for filing case briefs.\6\ 
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to 
issues raised in the case briefs. Parties who submit arguments are 
requested to submit with their argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\7\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until May 19, 2020, unless extended.\8\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c); see also 19 CFR 351.309(d); and 
351.303 (for general filing requirements).
    \7\ See 19 CFR 351.309(c)(2); see also 19 CFR 351.309(d)(2).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request within 30 days after 
the date of publication of this notice.\9\ Requests should contain (1) 
the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. If Commerce 
receives a request for a hearing, Commerce will inform parties of the 
schedule date for the hearing, which will be held at the main Commerce 
building at a time and location to be determined.\10\ Parties should 
confirm by telephone, the date, time, and location of the hearing.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Parties are reminded that briefs and hearing requests must be filed 
electronically using ACCESS and received successfully in their entirety 
by 5:00 p.m. Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of Commerce's analysis of 
the issues raised by parties in their comments, within 120 days after 
publication of these preliminary results.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: March 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Discussion and Analysis of Programs
IX. Recommendation

[FR Doc. 2020-07046 Filed 4-2-20; 8:45 am]
BILLING CODE 3510-DS-P
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