Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 74680-74685 [2020-25855]
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Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
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 of the subsidy programs found to
be countervailable, we preliminarily
find that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.8 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most recent
company specific or all-others rate
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties in this
review the calculations performed in
reaching the preliminary results within
five days of publication of these
Preliminary Results of Review
preliminary results.9 Interested parties
may
submit written comments (case
We preliminarily determine the
briefs) on the preliminary results no
following net countervailable subsidy
later than 30 days from the date of
rate for the mandatory respondent,
publication of this Federal Register
Jindal, for the period January 1, 2018
notice, and rebuttal comments (rebuttal
through December 31, 2018:
briefs) within five days after the time
limit for filing case briefs.10 Pursuant to
Subsidy
19 CFR 351.309(d)(2), rebuttal briefs
rate
Manufacturer/exporter
(percent
must be limited to issues raised in the
ad valorem) case briefs. Parties who submit
Jindal Poly Films Limited ..........
11.65 arguments are requested to submit with
the argument: (1) A statement of the
issue; (2) a brief summary of the
Assessment Rates
argument; and (3) a table of
Consistent with section 751(a)(1) of
authorities.11 All briefs must be filed
the Act and 19 CFR 351.212(b)(2), upon electronically using ACCESS.
issuance of the final results, Commerce
Pursuant to 19 CFR 351.310(c),
will determine, and U.S. Customs and
interested parties who wish to request a
Border Protection (CBP) shall assess,
hearing must submit a written request to
countervailing duties on all appropriate the Assistant Secretary for Enforcement
entries covered by this review. We
and Compliance, filed electronically via
intend to issue instructions to CBP 15
ACCESS by 5 p.m. Eastern Time within
days after publication of the final results 30 days after the date of publication of
of this review. For the companies for
this notice.12 Hearing requests should
which this review is rescinded,
contain: (1) The party’s name, address,
Commerce will instruct CBP to assess
and telephone number; (2) the number
countervailing duties on all appropriate of participants; and (3) a list of the
entries at a rate equal to the cash deposit issues to be discussed. Issues addressed
of estimated countervailing duties
at the hearing will be limited to those
required at the time of entry, or
raised in the briefs. If a request for a
withdrawal from warehouse, for
hearing is made, Commerce intends to
consumption, during the period January hold the hearing at a date and time to
1, 2018 through December 31, 2018, in
be determined.13
accordance with 19 CFR
An electronically-filed document
351.212(c)(1)(i). Commerce intends to
must be received successfully in its
issue appropriate assessment
entirety by ACCESS by 5:00 p.m.
instructions directly to CBP 15 days
Eastern Time on the established
after publication of this notice.
deadline. Note that Commerce has
temporarily modified certain of its
Cash Deposit Requirements
requirements for serving documents
In accordance with section
containing business proprietary
751(a)(2)(C) of the Act, Commerce also
information, until further notice.14
intends to instruct CBP to collect cash
Parties are reminded that briefs and
deposits of estimated countervailing
duties in the amount shown above for
9 See 19 CFR 351.224(b).
Jindal, with regard to shipments of
10 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
subject merchandise entered, or
19 CFR 351.303 (for general filing requirements).
11 See 19 CFR 351.309(c)(2) and (d)(2).
withdrawn from warehouse, for
12 See
8 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.
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19 CFR 351.310(c).
19 CFR 351.310(c).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See
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hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.15
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), unless this
deadline is extended.
Notification to Interested Parties
These preliminary results 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: November 17, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative
Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2020–25858 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–838, A–557–823, A–549–843, A–552–
832]
Polyester Textured Yarn From
Indonesia, Malaysia, Thailand, and the
Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable November 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Peter Shaw at (202) 482–0697
(Indonesia); Daniel Alexander at (202)
486–2000 (Malaysia); Peter Zukowski at
AGENCY:
15 Id.
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(202) 482–0189 (Thailand); and
Margaret Collins at (202) 482–6250
(Vietnam); AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 28, 2020, the Department
of Commerce (Commerce) received
antidumping duty (AD) petitions
concerning imports of polyester
textured yarn from Indonesia, Malaysia,
Thailand, and the Socialist Republic of
Vietnam (Vietnam) filed in proper form
on behalf of the petitioners,1 domestic
producers of polyester textured yarn.2
On November 2, 2020, Commerce
requested supplemental information
pertaining to certain aspects of the
Petitions in separate supplemental
questionnaires.3 The petitioners filed
responses to the supplemental
questionnaires on November 5, 2020.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of polyester textured yarn from
Indonesia, Malaysia, Thailand, and
Vietnam are being, or are likely to be,
sold in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
polyester textured yarn industry in the
United States. Consistent with section
732(b)(1) of the Act, the Petitions are
accompanied by information reasonably
available to the petitioners supporting
their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in section 771(9)(C) of the Act.
1 Unifi Manufacturing, Inc. and Nan Ya Plastics
Corporation, America (collectively, the petitioners).
2 See Petitioners’ Letter, ‘‘Polyester Textured Yarn
from Indonesia, Malaysia, Thailand, and the
Socialist Republic of Vietnam—Petition for the
Imposition of Antidumping Duties,’’ dated October
28, 2020 (the Petitions).
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Polyester
Textured Yarn from Indonesia, Malaysia, Thailand,
and Vietnam: Supplemental Questions,’’ dated
November 2, 2020 (General Issues Supplemental);
and Country-Specific Supplemental Questionnaires:
Indonesia Supplemental, Malaysia Supplemental,
Thailand Supplemental, and Vietnam
Supplemental, dated November 2, 2020.
4 See Petitioners’ Country-Specific Supplemental
Responses, dated November 5, 2020; see also
Petitioners’ Letter, ‘‘Polyester Textured Yarn from
Indonesia, Malaysia, Thailand, and Vietnam—
Petitioners’ Amendment to Volume I Related to
General and Injury Sections,’’ November 5, 2020
(General Issues Supplement).
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Commerce also finds that the petitioners
demonstrated sufficient industry
support for the initiation of the
requested AD investigations.5
Periods of Investigation
Because the Petitions were filed on
October 28, 2020, the period of
investigation (POI) for the Indonesia,
Malaysia, and Thailand investigations is
October 1, 2019 through September 30,
2020, pursuant to 19 CFR 351.204(b)(1).
Because Vietnam is a non-market
economy (NME) country, the POI is
April 1, 2020 through September 30,
2020.6
Scope of the Investigations
The product covered by these
investigations is polyester textured yarn
from Indonesia, Malaysia, Thailand, and
Vietnam. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on the Scope of the
Investigations
On November 2 and 9, 2020,
Commerce requested further
information from the petitioners
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7 On November 5, 2020,
the petitioners revised the scope.8 The
description of merchandise covered by
these investigations, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on December 7,
2020, which is 20 calendar days from
5 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
6 See 19 CFR 351.204(b)(1).
7 See General Issues Supplemental at 2–3; see also
Memorandum, ‘‘Phone Call with Counsel to the
Petitioners,’’ dated November 9, 2020, at 1.
8 See General Issues Supplement at 3.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on December 17, 2020,
which is ten calendar days from the
initial comment deadline.
Commerce requests that any factual
information parties consider relevant to
the scope of the investigations be
submitted during this period. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the record of each of the AD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.11 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of polyester textured yarn to be reported
in response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant costs of production accurately,
as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics, and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
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In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
polyester textured yarn, it may be that
only a select few product characteristics
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
physical characteristics should be used
in matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on December
7, 2020, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on December 17, 2020. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the AD
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
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determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,12 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.13
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.14 Based on our analysis
of the information submitted on the
record, we have determined that
polyester textured yarn, as defined in
the scope, constitutes a single domestic
like product, and we have analyzed
industry support in terms of that
domestic like product.15
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided the 2019 production of the
domestic like product for the U.S.
12 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F. 2d 240 (Fed. Cir. 1989)).
14 See Volume I of the Petitions at 11–13 and
Exhibit GEN–2 (containing Polyester Textured Yarn
from China and India, Inv. Nos. 701–TA–612–613
and 731–TA–1429–1430 (Final), USITC Pub. 5007
(January 2020) at 4–8).
15 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Antidumping Duty
Investigation Initiation Checklists: Polyester
Textured Yarn from Indonesia, Malaysia, Thailand,
and Vietnam, dated November 17, 2020 (CountrySpecific AD Initiation Checklists), at Attachment II,
Analysis of Industry Support for the Antidumping
Duty Petitions Covering Polyester Textured Yarn
from Indonesia, Malaysia, Thailand, and Vietnam
(Attachment II). These checklists are dated
concurrently with this notice and on file
electronically via ACCESS.
13 See
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producers that support the Petitions and
compared this to the estimated
production for the entire U.S. polyester
textured yarn industry.16 We relied on
data provided by the petitioners for
purposes of measuring industry
support.17
Our review of the data provided in the
Petitions and other information readily
available to Commerce indicates that the
petitioners have established industry
support for the Petitions.18 First, the
Petitions established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).19 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.20 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.21 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.22
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the subject merchandise sold
at LTFV. In addition, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.23
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
16 See Volume I of the Petitions at 4–5 and Exhibit
GEN–3.
17 Id.
18 See Attachment II of the Country-Specific AD
Initiation Checklists.
19 Id.; see also section 732(c)(4)(D) of the Act.
20 See Attachment II of the Country-Specific AD
Initiation Checklists.
21 Id.
22 Id.
23 See Volume I of the Petitions at 14–15 and
Exhibit GEN–9.
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increasing volume of subject imports;
declining market share; underselling
and price depression and suppression;
decreasing production, U.S. shipments,
and capacity utilization rates; a decline
in financial performance, including
declining profitability, operating
income, and operating profit to net sales
ratio; and lost sales and revenues.24 We
have assessed the allegations and
supporting evidence regarding material
injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence, and meet the
statutory requirements for initiation.25
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of
polyester textured yarn from Indonesia,
Malaysia, Thailand, and Vietnam. The
sources of data for the deductions and
adjustments relating to U.S. price and
normal value (NV) are discussed in
greater detail in the Country-Specific
AD Initiation Checklists.
U.S. Price
For Indonesia, Malaysia, and
Thailand, the petitioners based export
price (EP) on pricing information for
sales of, or sales offers for, polyester
textured yarn produced in and exported
from each country.26 For Vietnam, the
petitioners based EP on the average unit
value (AUV) of publicly-available
import data.27 The petitioners made
certain adjustments to U.S. price to
calculate a net ex-factory U.S. price.28
Normal Value 29
For Indonesia and Thailand, the
petitioners based NV on home market
price quotes obtained through market
research for polyester textured yarn
produced in and sold, or offered for
24 See Volume I of the Petitions at 15–28 and
Exhibits GEN–7 and GEN–10 through GEN–13.
25 See Country-Specific AD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping Duty Petitions Covering Polyester
Textured Yarn from Indonesia, Malaysia, Thailand,
and Vietnam.
26 See Country-Specific AD Initiation Checklists.
27 See Vietnam AD Initiation Checklist.
28 See Country-Specific AD Initiation Checklists.
29 In accordance with section 505(a) of the Trade
Preferences Extension Act of 2015 (TPEA),
amending section 773(b)(2) of the Act, for these
investigations, Commerce will request information
necessary to calculate the constructed value and
cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect
that sales of the foreign like product have been
made at prices that represent less than the COP of
the product. Commerce no longer requires a COP
allegation to conduct this analysis.
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sale, in each country within the
applicable time period.30 For Malaysia,
the petitioners provided information
indicating that the price quote was
below the COP and, therefore, the
petitioners calculated NV based on
constructed value (CV).31 For further
discussion of CV, see the section
‘‘Normal Value Based on Constructed
Value.’’
Commerce considers Vietnam to be an
NME country.32 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat Vietnam as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
Vietnam is appropriately based on
factors of production (FOPs) valued in
a surrogate market economy country, in
accordance with section 773(c) of the
Act.33
The petitioners state that India is an
appropriate surrogate country for
Vietnam because India is a market
economy country that is at a level of
economic development comparable to
that of Vietnam and it is a significant
producer of comparable merchandise.34
The petitioners provided publicly
available information from India to
value all FOPs.35 Based on the
information provided by the petitioners,
we determine that it is appropriate to
use India as a surrogate country for
initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Normal Value Based on Constructed
Value
As noted above, the petitioners
provided information indicating that the
price charged for polyester textured
yarn produced in and sold, or offered
for sale, in Malaysia was below the COP.
Accordingly, the petitioners based NV
on CV.36 Pursuant to section 773(e) of
30 See
Country-Specific AD Initiation Checklists.
Malaysia AD Initiation Checklist.
32 See, e.g., Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Final Results, and
Final Results of No Shipments of the Antidumping
Duty Administrative Review; 2016–2017, 84 FR
18007 (April 29, 2019).
33 See Vietnam AD Checklist.
34 See Volume V of the Petition at 4–6 and
Exhibits AD–VN–2 through AD–VN–4.
35 See Volume V of the Petition at 4–6 and
Exhibits AD–VN–2 through AD–VN–4.
36 Id.
31 See
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74683
the Act, the petitioners calculated CV as
the sum of the cost of manufacturing,
selling, general, and administrative
(SG&A) expenses, financial expenses,
and profit.37
Factors of Production
Because information regarding the
volume of inputs consumed by
Vietnamese producers/exporters was
not reasonably available, the petitioners
used their own product-specific
consumption rates as a surrogate to
value Vietnamese manufacturers’
FOPs.38 Additionally, the petitioners
calculated factory overhead; SG&A
expenses; and profit based on the
experience of an Indian producer of
comparable merchandise.39
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of polyester textured yarn
from Indonesia, Malaysia, Thailand, and
Vietnam are being, or are likely to be,
sold in the United States at LTFV. Based
on comparisons of EP, as applicable, to
NV in accordance with sections 772 and
773 of the Act, the estimated dumping
margins for polyester textured yarn for
each of the countries covered by this
initiation are as follows: (1) Indonesia—
26.07 percent; (2) Malaysia—75.13
percent; (3) Thailand—56.80 percent;
and (4) Vietnam—54.13 percent.40
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of polyester
textured yarn from Indonesia, Malaysia,
Thailand, and Vietnam are being, or are
likely to be, sold in the United States at
LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioners named
11 companies in Indonesia, five
companies in Malaysia, and 12
companies in Thailand 41 as producers/
exporters of polyester textured yarn.
Following the standard practice in AD
investigations involving market
37 Id.
38 See
Vietnam AD Initiation Checklist.
39 Id.
40 See Country-Specific Initiation Checklists for
details of calculations.
41 See Volume I of the Petitions at 26 and Exhibit
GEN–6.
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Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
economy countries, in the event
Commerce determines that the number
of exporters or producers in any
individual case is large such that
Commerce cannot individually examine
each company based upon its resources,
where appropriate, Commerce intends
to select mandatory respondents in that
case based on U.S. Customs and Border
Protection (CBP) data for U.S. imports
under the appropriate Harmonized
Tariff Schedule of the United States
numbers listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
On November 12, 2020, Commerce
released CBP data on imports of
polyester textured yarn from Indonesia,
Malaysia, and Thailand under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on the CBP data must do so within three
business days of the publication date of
the notice of initiation of these
investigations.42 Comments must be
filed electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. ET on the specific
deadline. Commerce will not accept
rebuttal comments regarding the CBP
data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
With respect to Vietnam, the
petitioners named nine companies as
producers/exporters of polyester
textured yarn in the Petitions. In
accordance with our standard practice
for respondent selection in AD
investigations involving NME countries,
Commerce selects respondents based on
quantity and value (Q&V)
questionnaires in cases where it has
determined that the number of
companies is large and it cannot
individually examine each company
based upon its resources. Therefore,
considering the number of Vietnamese
producers and exporters identified in
the Petitions, Commerce will solicit
Q&V information that can serve as a
basis for selecting exporters for
individual examination in the event that
Commerce decides to limit the number
of respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Given that there are nine producers
and exporters identified in the Petitions,
42 See country-specific Memoranda,
‘‘Antidumping Duty Investigation of Polyester
Textured Yarn: Release of Customs Data from U.S.
Customs and Border Protection,’’ dated November
12, 2020.
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17:07 Nov 20, 2020
Jkt 253001
Commerce has determined that it will
issue Q&V questionnaires to each
potential respondent for which the
petitioners have provided a complete
address.
In addition, Commerce will post the
Q&V questionnaire along with filing
instructions on Enforcement and
Compliance’s website at https://
www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
polyester textured yarn from Vietnam
that do not receive Q&V questionnaires
may still submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Enforcement and Compliance’s website.
In accordance with the standard
practice for respondent selection in AD
cases involving NME countries, in the
event Commerce decides to limit the
number of respondents individually
investigated, Commerce intends to base
respondent selection on the responses to
the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire
must be submitted by the relevant
Vietnamese producers/exporters no later
than 5:00 p.m. ET on December 1, 2020.
All Q&V questionnaire responses must
be filed electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above. Commerce
intends to finalize its decisions
regarding respondent selection within
20 days of publication of this notice.
mandatory respondents. Commerce
requires that companies from Vietnam
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate rate
consideration.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.43 The specific requirements
for submitting a separate-rate
application in a Vietnam investigation
are outlined in detail in the application
itself, which is available on Commerce’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.44 Exporters and producers who
submit a separate-rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of Indonesia,
Malaysia, Thailand, and Vietnam via
ACCESS. To the extent practicable, we
will attempt to provide a copy of the
public version of the AD Petitions to
each exporter named in the AD
Petitions, as provided under 19 CFR
351.203(c)(2).
43 See
Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries (April 5, 2005), available at https://
enforcement.trade.gov/policy/bull05-1.pdf (Policy
Bulletin 05.1).
44 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.45
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of polyester textured yarn from
Indonesia, Malaysia, Thailand, and/or
Vietnam are materially injuring, or
45 See
E:\FR\FM\23NON1.SGM
Policy Bulletin 05.1 at 6 (emphasis added).
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Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
threatening material injury to, a U.S.
industry.46 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.47 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 48 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.49 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Particular Market Situation Allegation
Section 504 of the TPEA amended the
Act by adding the concept of a
particular market situation (PMS) for
purposes of CV under section 773(e) of
the Act.50 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
46 See
section 733(a) of the Act.
47 Id.
48 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
50 See TPEA, Public Law 114–27, 129 Stat. 362
(2015).
49 See
VerDate Sep<11>2014
17:07 Nov 20, 2020
Jkt 253001
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; Commerce will grant
untimely-filed requests for the extension
of time limits only in limited cases
where we determine, based on 19 CFR
351.302, that extraordinary
circumstances exist. Parties should
review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual
information in an AD or countervailing
duty proceeding must certify to the
accuracy and completeness of that
information.51 Parties must use the
certification formats provided in 19 CFR
51 See
PO 00000
section 782(b) of the Act.
Frm 00022
Fmt 4703
Sfmt 9990
74685
351.303(g).52 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)). Note that Commerce has
temporarily modified certain portions of
its requirements for serving documents
containing business proprietary
information, until further notice.53
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Investigations
The merchandise covered by these
investigations, 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 packaging
method (such as spindles, tubes, or beams).
The merchandise subject to these
investigations is properly classified under
subheadings 5402.33.3000 and 5402.33.6000
of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise is dispositive.
[FR Doc. 2020–25855 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
52 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
53 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\23NON1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74680-74685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25855]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-838, A-557-823, A-549-843, A-552-832]
Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 17, 2020.
FOR FURTHER INFORMATION CONTACT: Peter Shaw at (202) 482-0697
(Indonesia); Daniel Alexander at (202) 486-2000 (Malaysia); Peter
Zukowski at
[[Page 74681]]
(202) 482-0189 (Thailand); and Margaret Collins at (202) 482-6250
(Vietnam); AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 28, 2020, the Department of Commerce (Commerce) received
antidumping duty (AD) petitions concerning imports of polyester
textured yarn from Indonesia, Malaysia, Thailand, and the Socialist
Republic of Vietnam (Vietnam) filed in proper form on behalf of the
petitioners,\1\ domestic producers of polyester textured yarn.\2\
---------------------------------------------------------------------------
\1\ Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation,
America (collectively, the petitioners).
\2\ See Petitioners' Letter, ``Polyester Textured Yarn from
Indonesia, Malaysia, Thailand, and the Socialist Republic of
Vietnam--Petition for the Imposition of Antidumping Duties,'' dated
October 28, 2020 (the Petitions).
---------------------------------------------------------------------------
On November 2, 2020, Commerce requested supplemental information
pertaining to certain aspects of the Petitions in separate supplemental
questionnaires.\3\ The petitioners filed responses to the supplemental
questionnaires on November 5, 2020.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Polyester Textured Yarn from Indonesia,
Malaysia, Thailand, and Vietnam: Supplemental Questions,'' dated
November 2, 2020 (General Issues Supplemental); and Country-Specific
Supplemental Questionnaires: Indonesia Supplemental, Malaysia
Supplemental, Thailand Supplemental, and Vietnam Supplemental, dated
November 2, 2020.
\4\ See Petitioners' Country-Specific Supplemental Responses,
dated November 5, 2020; see also Petitioners' Letter, ``Polyester
Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam--
Petitioners' Amendment to Volume I Related to General and Injury
Sections,'' November 5, 2020 (General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of polyester
textured yarn from Indonesia, Malaysia, Thailand, and Vietnam are
being, or are likely to be, sold in the United States at less than fair
value (LTFV) within the meaning of section 731 of the Act, and that
imports of such products are materially injuring, or threatening
material injury to, the polyester textured yarn industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petitions are
accompanied by information reasonably available to the petitioners
supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in section 771(9)(C) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested AD investigations.\5\
---------------------------------------------------------------------------
\5\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on October 28, 2020, the period of
investigation (POI) for the Indonesia, Malaysia, and Thailand
investigations is October 1, 2019 through September 30, 2020, pursuant
to 19 CFR 351.204(b)(1). Because Vietnam is a non-market economy (NME)
country, the POI is April 1, 2020 through September 30, 2020.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigations
The product covered by these investigations is polyester textured
yarn from Indonesia, Malaysia, Thailand, and Vietnam. For a full
description of the scope of these investigations, see the appendix to
this notice.
Comments on the Scope of the Investigations
On November 2 and 9, 2020, Commerce requested further information
from the petitioners regarding the proposed scope to ensure that the
scope language in the Petitions is an accurate reflection of the
products for which the domestic industry is seeking relief.\7\ On
November 5, 2020, the petitioners revised the scope.\8\ The description
of merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Supplemental at 2-3; see also Memorandum,
``Phone Call with Counsel to the Petitioners,'' dated November 9,
2020, at 1.
\8\ See General Issues Supplement at 3.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on December 7, 2020, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on December 17, 2020, which
is ten calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the record of each of the AD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of polyester textured yarn
to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant costs of
production accurately, as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics, and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products.
[[Page 74682]]
In other words, although there may be some physical product
characteristics utilized by manufacturers to describe polyester
textured yarn, it may be that only a select few product characteristics
take into account commercially meaningful physical characteristics. In
addition, interested parties may comment on the order in which the
physical characteristics should be used in matching products.
Generally, Commerce attempts to list the most important physical
characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on December 7,
2020, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on December 17,
2020. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of each
of the AD investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\14\ Based on our analysis of the information
submitted on the record, we have determined that polyester textured
yarn, as defined in the scope, constitutes a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\15\
---------------------------------------------------------------------------
\14\ See Volume I of the Petitions at 11-13 and Exhibit GEN-2
(containing Polyester Textured Yarn from China and India, Inv. Nos.
701-TA-612-613 and 731-TA-1429-1430 (Final), USITC Pub. 5007
(January 2020) at 4-8).
\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklists: Polyester
Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam, dated
November 17, 2020 (Country-Specific AD Initiation Checklists), at
Attachment II, Analysis of Industry Support for the Antidumping Duty
Petitions Covering Polyester Textured Yarn from Indonesia, Malaysia,
Thailand, and Vietnam (Attachment II). These checklists are dated
concurrently with this notice and on file electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2019 production of the domestic like product for the U.S. producers
that support the Petitions and compared this to the estimated
production for the entire U.S. polyester textured yarn industry.\16\ We
relied on data provided by the petitioners for purposes of measuring
industry support.\17\
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\16\ See Volume I of the Petitions at 4-5 and Exhibit GEN-3.
\17\ Id.
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Our review of the data provided in the Petitions and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petitions.\18\
First, the Petitions established support from domestic producers (or
workers) accounting for more than 50 percent of the total production of
the domestic like product and, as such, Commerce is not required to
take further action in order to evaluate industry support (e.g.,
polling).\19\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\20\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\21\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\22\
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\18\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\19\ Id.; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the subject merchandise sold at
LTFV. In addition, the petitioners allege that subject imports exceed
the negligibility threshold provided for under section 771(24)(A) of
the Act.\23\
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\23\ See Volume I of the Petitions at 14-15 and Exhibit GEN-9.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and
[[Page 74683]]
increasing volume of subject imports; declining market share;
underselling and price depression and suppression; decreasing
production, U.S. shipments, and capacity utilization rates; a decline
in financial performance, including declining profitability, operating
income, and operating profit to net sales ratio; and lost sales and
revenues.\24\ We have assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\25\
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\24\ See Volume I of the Petitions at 15-28 and Exhibits GEN-7
and GEN-10 through GEN-13.
\25\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petitions Covering Polyester
Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of polyester textured yarn from Indonesia, Malaysia, Thailand,
and Vietnam. The sources of data for the deductions and adjustments
relating to U.S. price and normal value (NV) are discussed in greater
detail in the Country-Specific AD Initiation Checklists.
U.S. Price
For Indonesia, Malaysia, and Thailand, the petitioners based export
price (EP) on pricing information for sales of, or sales offers for,
polyester textured yarn produced in and exported from each country.\26\
For Vietnam, the petitioners based EP on the average unit value (AUV)
of publicly-available import data.\27\ The petitioners made certain
adjustments to U.S. price to calculate a net ex-factory U.S. price.\28\
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\26\ See Country-Specific AD Initiation Checklists.
\27\ See Vietnam AD Initiation Checklist.
\28\ See Country-Specific AD Initiation Checklists.
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Normal Value \29\
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\29\ In accordance with section 505(a) of the Trade Preferences
Extension Act of 2015 (TPEA), amending section 773(b)(2) of the Act,
for these investigations, Commerce will request information
necessary to calculate the constructed value and cost of production
(COP) to determine whether there are reasonable grounds to believe
or suspect that sales of the foreign like product have been made at
prices that represent less than the COP of the product. Commerce no
longer requires a COP allegation to conduct this analysis.
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For Indonesia and Thailand, the petitioners based NV on home market
price quotes obtained through market research for polyester textured
yarn produced in and sold, or offered for sale, in each country within
the applicable time period.\30\ For Malaysia, the petitioners provided
information indicating that the price quote was below the COP and,
therefore, the petitioners calculated NV based on constructed value
(CV).\31\ For further discussion of CV, see the section ``Normal Value
Based on Constructed Value.''
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\30\ See Country-Specific AD Initiation Checklists.
\31\ See Malaysia AD Initiation Checklist.
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Commerce considers Vietnam to be an NME country.\32\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Vietnam as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
Vietnam is appropriately based on factors of production (FOPs) valued
in a surrogate market economy country, in accordance with section
773(c) of the Act.\33\
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\32\ See, e.g., Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results, and Final Results of No
Shipments of the Antidumping Duty Administrative Review; 2016-2017,
84 FR 18007 (April 29, 2019).
\33\ See Vietnam AD Checklist.
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The petitioners state that India is an appropriate surrogate
country for Vietnam because India is a market economy country that is
at a level of economic development comparable to that of Vietnam and it
is a significant producer of comparable merchandise.\34\ The
petitioners provided publicly available information from India to value
all FOPs.\35\ Based on the information provided by the petitioners, we
determine that it is appropriate to use India as a surrogate country
for initiation purposes.
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\34\ See Volume V of the Petition at 4-6 and Exhibits AD-VN-2
through AD-VN-4.
\35\ See Volume V of the Petition at 4-6 and Exhibits AD-VN-2
through AD-VN-4.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Normal Value Based on Constructed Value
As noted above, the petitioners provided information indicating
that the price charged for polyester textured yarn produced in and
sold, or offered for sale, in Malaysia was below the COP. Accordingly,
the petitioners based NV on CV.\36\ Pursuant to section 773(e) of the
Act, the petitioners calculated CV as the sum of the cost of
manufacturing, selling, general, and administrative (SG&A) expenses,
financial expenses, and profit.\37\
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\36\ Id.
\37\ Id.
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Factors of Production
Because information regarding the volume of inputs consumed by
Vietnamese producers/exporters was not reasonably available, the
petitioners used their own product-specific consumption rates as a
surrogate to value Vietnamese manufacturers' FOPs.\38\ Additionally,
the petitioners calculated factory overhead; SG&A expenses; and profit
based on the experience of an Indian producer of comparable
merchandise.\39\
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\38\ See Vietnam AD Initiation Checklist.
\39\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of polyester textured yarn from Indonesia,
Malaysia, Thailand, and Vietnam are being, or are likely to be, sold in
the United States at LTFV. Based on comparisons of EP, as applicable,
to NV in accordance with sections 772 and 773 of the Act, the estimated
dumping margins for polyester textured yarn for each of the countries
covered by this initiation are as follows: (1) Indonesia--26.07
percent; (2) Malaysia--75.13 percent; (3) Thailand--56.80 percent; and
(4) Vietnam--54.13 percent.\40\
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\40\ See Country-Specific Initiation Checklists for details of
calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of polyester textured yarn from Indonesia, Malaysia,
Thailand, and Vietnam are being, or are likely to be, sold in the
United States at LTFV. In accordance with section 733(b)(1)(A) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 140 days after the date of
this initiation.
Respondent Selection
In the Petitions, the petitioners named 11 companies in Indonesia,
five companies in Malaysia, and 12 companies in Thailand \41\ as
producers/exporters of polyester textured yarn. Following the standard
practice in AD investigations involving market
[[Page 74684]]
economy countries, in the event Commerce determines that the number of
exporters or producers in any individual case is large such that
Commerce cannot individually examine each company based upon its
resources, where appropriate, Commerce intends to select mandatory
respondents in that case based on U.S. Customs and Border Protection
(CBP) data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States numbers listed in the ``Scope of the
Investigations,'' in the appendix.
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\41\ See Volume I of the Petitions at 26 and Exhibit GEN-6.
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On November 12, 2020, Commerce released CBP data on imports of
polyester textured yarn from Indonesia, Malaysia, and Thailand under
Administrative Protective Order (APO) to all parties with access to
information protected by APO and indicated that interested parties
wishing to comment on the CBP data must do so within three business
days of the publication date of the notice of initiation of these
investigations.\42\ Comments must be filed electronically using ACCESS.
An electronically-filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specific deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\42\ See country-specific Memoranda, ``Antidumping Duty
Investigation of Polyester Textured Yarn: Release of Customs Data
from U.S. Customs and Border Protection,'' dated November 12, 2020.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
With respect to Vietnam, the petitioners named nine companies as
producers/exporters of polyester textured yarn in the Petitions. In
accordance with our standard practice for respondent selection in AD
investigations involving NME countries, Commerce selects respondents
based on quantity and value (Q&V) questionnaires in cases where it has
determined that the number of companies is large and it cannot
individually examine each company based upon its resources. Therefore,
considering the number of Vietnamese producers and exporters identified
in the Petitions, Commerce will solicit Q&V information that can serve
as a basis for selecting exporters for individual examination in the
event that Commerce decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act. Given
that there are nine producers and exporters identified in the
Petitions, Commerce has determined that it will issue Q&V
questionnaires to each potential respondent for which the petitioners
have provided a complete address.
In addition, Commerce will post the Q&V questionnaire along with
filing instructions on Enforcement and Compliance's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of
polyester textured yarn from Vietnam that do not receive Q&V
questionnaires may still submit a response to the Q&V questionnaire and
can obtain a copy of the Q&V questionnaire from Enforcement and
Compliance's website. In accordance with the standard practice for
respondent selection in AD cases involving NME countries, in the event
Commerce decides to limit the number of respondents individually
investigated, Commerce intends to base respondent selection on the
responses to the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Vietnamese producers/exporters no later than 5:00 p.m. ET on
December 1, 2020. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above. Commerce intends to finalize its
decisions regarding respondent selection within 20 days of publication
of this notice.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\43\
The specific requirements for submitting a separate-rate application in
a Vietnam investigation are outlined in detail in the application
itself, which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\44\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from Vietnam submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\43\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving NME Countries (April 5, 2005), available at https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
\44\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\45\
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\45\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Indonesia, Malaysia, Thailand, and
Vietnam via ACCESS. To the extent practicable, we will attempt to
provide a copy of the public version of the AD Petitions to each
exporter named in the AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of polyester textured yarn from Indonesia,
Malaysia, Thailand, and/or Vietnam are materially injuring, or
[[Page 74685]]
threatening material injury to, a U.S. industry.\46\ A negative ITC
determination for any country will result in the investigation being
terminated with respect to that country.\47\ Otherwise, these AD
investigations will proceed according to statutory and regulatory time
limits.
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\46\ See section 733(a) of the Act.
\47\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \48\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\49\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\48\ See 19 CFR 351.301(b).
\49\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the TPEA amended the Act by adding the concept of a
particular market situation (PMS) for purposes of CV under section
773(e) of the Act.\50\ Section 773(e) of the Act states that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
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\50\ See TPEA, Public Law 114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely-filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\51\ Parties must use the certification formats provided in
19 CFR 351.303(g).\52\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\51\ See section 782(b) of the Act.
\52\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of these procedures (e.g., the filing of letters of appearance as
discussed at 19 CFR 351.103(d)). Note that Commerce has temporarily
modified certain portions of its requirements for serving documents
containing business proprietary information, until further notice.\53\
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\53\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigations
The merchandise covered by these investigations, 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 packaging method (such as spindles, tubes, or beams).
The merchandise subject to these investigations is properly
classified under subheadings 5402.33.3000 and 5402.33.6000 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise is dispositive.
[FR Doc. 2020-25855 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P
