Fine Denier Polyester Staple Fiber From India: Final Results of Countervailing Duty Administrative Review; 2017-2018, 86537-86538 [2020-28789]
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Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
Procedure for Article 10.12 (Binational
Panel Reviews), which were adopted by
the three governments for panels
requested pursuant to Article 10.12(2) of
USMCA which requires Requests for
Panel Review to be published in
accordance with Rule 40. For the
complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/
rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 44 no later than
30 days after the filing of the first
Request for Panel Review (the deadline
for filing a Complaint is December 29,
2020);
(b) A Party, investigating authority or
interested person who does not file a
Complaint but who intends to
participate in the panel review must file
a Notice of Appearance in accordance
with Rule 45 no later than 45 days after
the filing of the first Request for Panel
Review (the deadline for filing a Notice
of Appearance is January 11, 2021); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: December 15, 2020.
Vidya Desai,
Acting U.S. Secretary, USMCA Secretariat.
[FR Doc. 2020–28030 Filed 12–29–20; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–876]
Fine Denier Polyester Staple Fiber
From India: Final Results of
Countervailing Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Reliance
Industries Limited (Reliance) received
countervailable subsidies that are above
de minimis during the period of review,
November 6, 2017 through December
31, 2018.
DATES: Applicable December 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett, AD/CVD Operations,
AGENCY:
VerDate Sep<11>2014
17:47 Dec 29, 2020
Jkt 253001
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3609.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2020, Commerce
published the Preliminary Results of
this review.1 On April 24, 2020,
Commerce tolled all deadlines in
administrative reviews by 50 days.2 On
July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
an additional 60 days,3 thereby
extending the deadline for these final
results until November 19, 2020. On
November 5, 2020, Commerce
postponed the final results of this
review by 33 days until December 22,
2020.4
Scope of the Order
The merchandise covered by this
order is fine denier polyester staple fiber
(fine denier PSF). For a complete
description of the scope of this order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the interested
parties’ case and rebuttal briefs are
addressed in the Issues and Decision
Memorandum. A summary of the events
that occurred since Commerce
published the Preliminary Results, as
well as a full discussion of the issues
raised by parties for these final results,
are discussed in the Issues and Decision
Memorandum.5 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
1 See Fine Denier Polyester Staple Fiber from the
Republic of India: Preliminary Results of
Countervailing Duty Administrative Review, 85 FR
18916 (April 3, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘2017–2018 Countervailing
Duty Administrative Review of Fine Denier
Polyester Staple Fiber from India: Extension of
Deadline for Final Results,’’ dated November 5,
2020.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results in the 2017–
2018 Countervailing Duty Administrative Review of
Fine Denier Polyester Staple Fiber from India,’’
dated concurrently, and hereby adopted by, this
notice (Issues and Decision Memorandum).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
86537
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
A list of the issues raised by interested
parties and responded to by Commerce
in the Issues and Decision
Memorandum, is provided in the
Appendix to this notice.
Methodology
Commerce conducted 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
countervailable, we find 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.6
For a description of the methodology
underlying Commerce’s conclusions,
see the Issues and Decision
Memorandum.
Changes Since the Preliminary Results
Based on our analysis of the
comments received from interested
parties and record information, we
made certain changes to the net subsidy
rate calculated for Reliance. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Results of the Administrative
Review
In accordance with section 751(a)(1)
of the Act and 19 CFR 351.221(B)(5), we
find the net countervailable subsidy rate
for the period November 6, 2017
through December 31, 2018 to be as
follows:
Company
Subsidy rate
(percent ad
valorem)
Reliance Industries Limited ......
4.44
Assessment and Cash Deposit
Requirements
In accordance with 19 CFR
351.212(b)(2), Commerce intends to
issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15
days after the date of publication of
these final results to liquidate
shipments of subject merchandise. We
will instruct CBP to liquidate shipments
of subject merchandise produced and/or
6 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(5)(A)
of the Act regarding specificity.
E:\FR\FM\30DEN1.SGM
30DEN1
86538
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
exported by Reliance entered, or
withdrawn from warehouse, for
consumption on or after November 6,
2017 through December 31, 2018, at the
ad valorem assessment rate listed above
for Reliance.
In accordance with section
751(a)(2)(C) of the Act, we intend also
to instruct CBP to collect cash deposits
of estimated countervailing duties in the
amounts shown above on 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 rates,
when imposed, shall remain in effect
until further notice.
VII. Discussion of the Issues
Comment 1: Sales Value Denominators
Comment 2: Whether To Apply Adverse
Facts Available (AFA) To Export Sales
Values
Comment 3: Discount Rates
Comment 4: Calculation of Duty
Exemptions Under the Special Economic
Zone (SEZ) Duty-Free Importation of
Capital Goods and Raw Materials,
Components, Consumables,
Intermediates, Spare Parts, and Packing
Materials Program and Export Promotion
of Capital Goods Scheme (EPCGS)
Comment 5: Application of AFA to the SEZ
Duty-Free Importation of Capital Goods
and Raw Materials, Components,
Consumables, Intermediates, Spare Parts,
and Packing Materials Program and
EPCGS
Comment 6: Land Benchmark
Comment 7: Whether the SEZ Programs,
Technology Upgradation Fund Scheme
(TUFS), and Merchandise Export From
India Scheme (MEIS) Are
Countervailable
VIII. Recommendation
Disclosure
[FR Doc. 2020–28789 Filed 12–29–20; 8:45 am]
Commerce intends to disclose the
calculations and analysis performed for
these final results to interested parties
within five days of the date of
publication of this notice in the Federal
Register.7
BILLING CODE 3510–DS–P
Administrative Protective Order
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: December 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
19 CFR 351.224(b).
VerDate Sep<11>2014
17:47 Dec 29, 2020
Jkt 253001
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Service Pier
Extension Project on Naval Base
Kitsap Bangor, Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of a modified
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a modified
incidental harassment authorization
(IHA) to United States Navy (Navy) to
incidentally harass marine mammals
incidental to the Service Pier Extension
(SPE) project at Naval Base Kitsap
Bangor, Washington.
DATES: This modified IHA is valid from
the original date of issuance through
July 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert Pauline, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application and supporting documents
(including NMFS Federal Register
notices of the original proposed and
SUMMARY:
Notification to Interested Parties
7 See
National Oceanic and Atmospheric
Administration
[RTID 0648–XA736]
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 315.305(A)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and
Application of Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
DEPARTMENT OF COMMERCE
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
final authorizations, and the previous
IHA), as well as a list of the references
cited in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
History of Request
On June 28, 2018, NMFS published a
notice of our issuance of an IHA
authorizing take of five species of
marine mammals by Level A and Level
B harassment incidental to the SPE
project (83 FR 30406). Species
authorized for take included killer
whale (Orcinus orca), harbor porpoise
(Phocoena phocoena), California sea
lion (Zalophus californianus), Steller
sea lion (Eumetopias jubatus), and
harbor seal (Phoca vitulina). The
effective dates of that IHA were July 16,
2019 through July 15, 2020. On
February 4, 2019, the Navy informed
NMFS that the project was being
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86537-86538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28789]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-876]
Fine Denier Polyester Staple Fiber From India: Final Results of
Countervailing Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Reliance
Industries Limited (Reliance) received countervailable subsidies that
are above de minimis during the period of review, November 6, 2017
through December 31, 2018.
DATES: Applicable December 30, 2020.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett, 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) 482-3609.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2020, Commerce published the Preliminary Results of
this review.\1\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days.\2\ On July 21, 2020, Commerce tolled
all deadlines in administrative reviews by an additional 60 days,\3\
thereby extending the deadline for these final results until November
19, 2020. On November 5, 2020, Commerce postponed the final results of
this review by 33 days until December 22, 2020.\4\
---------------------------------------------------------------------------
\1\ See Fine Denier Polyester Staple Fiber from the Republic of
India: Preliminary Results of Countervailing Duty Administrative
Review, 85 FR 18916 (April 3, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``2017-2018 Countervailing Duty
Administrative Review of Fine Denier Polyester Staple Fiber from
India: Extension of Deadline for Final Results,'' dated November 5,
2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is fine denier polyester
staple fiber (fine denier PSF). For a complete description of the scope
of this order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the interested parties' case and rebuttal
briefs are addressed in the Issues and Decision Memorandum. A summary
of the events that occurred since Commerce published the Preliminary
Results, as well as a full discussion of the issues raised by parties
for these final results, are discussed in the Issues and Decision
Memorandum.\5\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content. A list of the
issues raised by interested parties and responded to by Commerce in the
Issues and Decision Memorandum, is provided in the Appendix to this
notice.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2017-2018 Countervailing Duty Administrative
Review of Fine Denier Polyester Staple Fiber from India,'' dated
concurrently, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce conducted 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 countervailable, we find 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.\6\
---------------------------------------------------------------------------
\6\ 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(5)(A) of the Act regarding specificity.
---------------------------------------------------------------------------
For a description of the methodology underlying Commerce's
conclusions, see the Issues and Decision Memorandum.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties and record information, we made certain changes to the net
subsidy rate calculated for Reliance. For a discussion of these
changes, see the Issues and Decision Memorandum.
Final Results of the Administrative Review
In accordance with section 751(a)(1) of the Act and 19 CFR
351.221(B)(5), we find the net countervailable subsidy rate for the
period November 6, 2017 through December 31, 2018 to be as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Reliance Industries Limited............................... 4.44
------------------------------------------------------------------------
Assessment and Cash Deposit Requirements
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
assessment instructions to U.S. Customs and Border Protection (CBP) 15
days after the date of publication of these final results to liquidate
shipments of subject merchandise. We will instruct CBP to liquidate
shipments of subject merchandise produced and/or
[[Page 86538]]
exported by Reliance entered, or withdrawn from warehouse, for
consumption on or after November 6, 2017 through December 31, 2018, at
the ad valorem assessment rate listed above for Reliance.
In accordance with section 751(a)(2)(C) of the Act, we intend also
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown above on 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 rates, when imposed, shall remain in effect until
further notice.
Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results to interested parties within five
days of the date of publication of this notice in the Federal
Register.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 315.305(A)(3). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: December 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Sales Value Denominators
Comment 2: Whether To Apply Adverse Facts Available (AFA) To
Export Sales Values
Comment 3: Discount Rates
Comment 4: Calculation of Duty Exemptions Under the Special
Economic Zone (SEZ) Duty-Free Importation of Capital Goods and Raw
Materials, Components, Consumables, Intermediates, Spare Parts, and
Packing Materials Program and Export Promotion of Capital Goods
Scheme (EPCGS)
Comment 5: Application of AFA to the SEZ Duty-Free Importation
of Capital Goods and Raw Materials, Components, Consumables,
Intermediates, Spare Parts, and Packing Materials Program and EPCGS
Comment 6: Land Benchmark
Comment 7: Whether the SEZ Programs, Technology Upgradation Fund
Scheme (TUFS), and Merchandise Export From India Scheme (MEIS) Are
Countervailable
VIII. Recommendation
[FR Doc. 2020-28789 Filed 12-29-20; 8:45 am]
BILLING CODE 3510-DS-P
