Polyester Textured Yarn From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 29742-29745 [2021-11634]

Download as PDF 29742 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices person, firm, corporation, or business organization related to Rodriguez by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Rodriguez may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Rodriguez and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 18, 2026. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2021–11648 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–902] Organic Soybean Meal From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable June 3, 2021. FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4737. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background On April 20, 2021, the Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of organic soybean meal from India.1 Currently, the preliminary determination is due no later than June 25, 2021. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires 1 See Organic Soybean Meal From India: Initiation of Countervailing Duty Investigation, 86 FR 22136 (April 27, 2021). VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) The petitioner 2 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On May 26, 2021, the petitioners submitted a timely request that Commerce postpone the preliminary CVD determination.3 The petitioners stated that they request postponement of the preliminary determination of this CVD investigation to provide Commerce with sufficient time to analyze adequately all alleged subsidies received by the mandatory respondents during the period of investigation.4 In accordance with 19 CFR 351.205(e), the petitioners stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., August, 30, 2021.5 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the 2 The petitioners are: Organic Soybean Processors of America (OSPA) and American Natural Processors, LLC, Organic Production Services, LLC, Professional Proteins, Ltd., Sheppard Grain Enterprises LLC, Simmons Grain Company, Super Soy, LLC, and Tri-State Crush LLC. 3 See Petitioners’ Letter, ‘‘Organic Soybean Meal from India: Petitioners’ Request to Postpone the Countervailing Duty Investigation Preliminary Determination,’’ dated May 26, 2021. 4 Id. at 2. 5 Postponing the preliminary determination to 130 days after initiation would place the deadline on Saturday, August 28, 2021. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: May 27, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–11670 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–838] Polyester Textured Yarn From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce AGENCY: The Department of Commerce (Commerce) preliminarily determines that polyester textured yarn from Indonesia is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019, through September 30, 2020. Interested parties are invited to comment on this preliminary determination. SUMMARY: DATES: Applicable June 3, 2021. Toni Page or Peter Shaw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1398 or (202) 482–0697, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce initiated this LTFV investigation on November 17, 2020.1 On April 2, 2021, Commerce postponed the preliminary determination in this 1 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 74680 (November 23, 2020) (Initiation Notice). E:\FR\FM\03JNN1.SGM 03JNN1 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices investigation and the revised deadline is now May 26, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. Scope of the Investigation The product covered by this investigation is polyester textured yarn from Indonesia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments khammond on DSKJM1Z7X2PROD with NOTICES In accordance with the Preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of this investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce is preliminarily not modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. 2 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 86 FR 17362 (April 2, 2021). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Polyester Textured Yarn from Indonesia,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 85 FR at 74681. 6 See Memorandum, ‘‘Antidumping Duty Investigations of Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam: Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 The Preliminary Scope Decision Memorandum establishes the deadline to submit scope case briefs.7 There will be no further opportunity for comments on scope-related issues. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value has been calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce has preliminarily used an adverse inference when selecting from among the facts otherwise available to determine the margin for PT Polyfin Canggih (Polyfin), one of three companies selected for individual examination in this investigation.8 For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. Pursuant to section 735(c)(5)(A) of the Act, this rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce preliminarily calculated individual estimated weighted-average dumping margins for PT. Asia Pacific Fibers Tbk (Asia Pacific) and PT. Mutu Gading Tekstil (Mutu Gading) that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for Asia Pacific and Mutu Gading using each company’s publiclyranged values for the merchandise under consideration.9 7 Case briefs, other written comments, and rebuttal briefs submitted by in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum, and ‘‘Public Comment’’ section of this notice. 8 For a full discussion on respondent selection in the investigation, see the Preliminary Determination Memorandum at 2. 9 With more than one respondent under examination, Commerce normally calculates (A) a weighted-average of the estimated weighted-average PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 29743 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Producer or exporter PT Polyfin Canggih ..................... PT. Asia Pacific Fibers Tbk ........ PT. Mutu Gading Tekstil ............. All Others .................................... Estimated weightedaverage dumping margin (percent) * 26.07 9.20 7.45 8.71 * Adverse Facts Available (AFA). Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit for estimated antidumping duties as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weightedaverage dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weightedaverage of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly-ranged sales data was available, Commerce based the all-others rate on the publicly-ranged sales data of the mandatory respondents. For a complete analysis of the data, see Memorandum, ‘‘Antidumping Duty Investigation of Polyester Textured Yarn from Indonesia: Preliminary Determination Calculation for the All-Others,’’ dated May 26, 2021. E:\FR\FM\03JNN1.SGM 03JNN1 29744 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an onsite examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment khammond on DSKJM1Z7X2PROD with NOTICES Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments on nonscope issues will be provided to interested parties at a later date. Rebuttal briefs, limited to issues raised in these case briefs, may be submitted no later than seven days after the deadline date for case briefs.10 The deadlines for submitting case and rebuttal briefs on scope issues are in the Preliminary Scope Decision Memorandum.11 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020) and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (collectively, Temporary Rule). 11 See Preliminary Scope Decision Memorandum. VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 containing business proprietary information until further notice.12 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. interested parties in this proceeding.14 Under the circumstances of this case, a postponement of the final determination for the maximum statutory period is warranted. In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination in the Federal Register if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months in duration. On April 30, 2021, pursuant to 19 CFR 351.210(e), Asia Pacific and Mutu Gading requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.13 Asia Pacific and Mutu Gading stated that the reasons for their requests is the magnitude and complexity of this investigation, as well as the time required for verification, briefing, holding a hearing, and issuing a final determination that addresses all the legal and factual issued raised by the International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, then the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of polyester textured yarn from Indonesia are materially injuring, or threaten material injury to, the U.S. industry. 12 See Temporary Rule. Mutu Gading’s Letter, ‘‘Polyester Textured Yarn from Indonesia: Request to Postpone the Final Determination,’’ dated April 30, 2021 (Mutu Gading Final Postponement Request); see also Asia Pacific’s Letter, ‘‘Polyester Textured Yarn from Indonesia: Request to Postpone the Final Determination,’’ dated April 30, 2021 (Asia Pacific Final Postponement Request). 13 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, 19 CFR 351.205(c), and 19 CFR 351.210(g). Dated: May 26, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise covered by this investigation, 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). 14 See Mutu Gading Final Postponement Request at 2; see also Asia Pacific Final Postponement Request at 2. E:\FR\FM\03JNN1.SGM 03JNN1 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices The merchandise subject to this investigation 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of Investigation V. Scope Comments VI. Application of Facts Available and Use of Adverse Inferences VII. All-Others Rate VIII. Discussion of Methodology IX. Currency Conversion X. Recommendation [FR Doc. 2021–11634 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–808] Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate From Ukraine: Final Results of Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines in this administrative review of the Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from Ukraine (Agreement) that signatory Ukrainian producers/exporters Azovstal Iron & Steel Works (Azovstal) and Ilyich Iron and Steel Works (Ilyich), which are subsidiaries of Metinvest Holding LLC (Metinvest), are in compliance with the Agreement and that the Agreement is meeting the statutory requirements under sections 734(b) and (d) of the Tariff Act of 1930, as amended (the Act). The period of review (POR) is November 1, 2018 through October 31, 2019. DATES: Applicable June 3, 2021. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, Bilateral Agreements Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162 or (202) 482–6230, respectively. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 Background On March 24, 2021, Commerce published the Preliminary Results of the administrative review of the Agreement.1 The administrative review covers signatory Ukrainian producers/ exporters Azovstal and Ilyich, which are subsidiaries of Metinvest and were individually examined in this review. We invited interested parties to comment on the Preliminary Results. No interested party submitted comments. Hence, these final results are unchanged from the Preliminary Results. Scope of Review For purposes of this Agreement, the products covered are hot-rolled iron and non-alloy steel universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm and of a thickness of not less than 4 mm, not in coils and without patterns in relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain iron and non-alloy steel flatrolled products not in coils, of rectangular shape, hot-rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 mm or more in thickness and of a width which exceeds 150 mm and measures at least twice the thickness. Included as subject merchandise in the Agreement are flatrolled products of nonrectangular crosssection where such cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’) for example, products which have been bevelled or rounded at the edges. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS subheadings are provided for convenience and customs purposes, the written description of the 1 See Agreement Suspending the Antidumping Investigation of Certain Cut-To-Length Carbon Steel Plate from Ukraine: Preliminary Results of 2018– 2019 Administrative Review, 86 FR 15647 (March 24, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 29745 scope of the Agreement is dispositive. Specifically excluded from subject merchandise within the scope of the Agreement is grade X–70 plate. Final Results of the Administrative Review As a result of this administrative review, we continue to find Azovstal and Ilyich, collectively participating as Metinvest, to be in compliance with the terms of the Agreement during the POR and that the Agreement is meeting the statutory requirements under sections 734(b) and (d) of the Act. Commerce conducted this review in accordance with section 751(a)(1)(C) of the Act, which specifies that Commerce shall ‘‘review the current status of, and compliance with, any agreement by reason of which an investigation was suspended.’’ Section 734(b) provides that Commerce may suspend an investigation if the exporters of the subject merchandise who account for substantially all of the imports of that merchandise agree to revise their prices to eliminate completely any amount by which the normal value (NV) of the merchandise which is the subject of the agreement exceeds the export price (or the constructed export price) of that merchandise. In addition, section 734(d) of the Act requires that Commerce be satisfied that suspension of the investigation is in the public interest and that effective monitoring of the agreement is practicable. Commerce continues to find no evidence of non-compliance by Azovstal and Ilyich with respect to ensuring that subject merchandise is sold in the United States at prices that are at or above the applicable NV determined by Commerce. Therefore, Commerce continues to find for these final results that the Agreement is meeting the statutory requirements of section 734(b) of the Act. In addition, with regard to the requirements of 734(d) of the Act, Commerce continues to find for these final results that the Agreement is in the public interest and that effective monitoring of the Agreement is practicable. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29742-29745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11634]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-838]


Polyester Textured Yarn From Indonesia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that polyester textured yarn from Indonesia is being, or is likely to 
be, sold in the United States at less than fair value (LTFV). The 
period of investigation is October 1, 2019, through September 30, 2020. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable June 3, 2021.

FOR FURTHER INFORMATION CONTACT: Toni Page or Peter Shaw, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1398 or (202) 482-0697, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
initiated this LTFV investigation on November 17, 2020.\1\ On April 2, 
2021, Commerce postponed the preliminary determination in this

[[Page 29743]]

investigation and the revised deadline is now May 26, 2021.\2\
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    \1\ See Polyester Textured Yarn from Indonesia, Malaysia, 
Thailand, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 85 FR 74680 (November 23, 2020) 
(Initiation Notice).
    \2\ See Polyester Textured Yarn from Indonesia, Malaysia, 
Thailand, and the Socialist Republic of Vietnam: Postponement of 
Preliminary Determinations in the Less-Than-Fair-Value 
Investigations, 86 FR 17362 (April 2, 2021).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Polyester 
Textured Yarn from Indonesia,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is polyester textured 
yarn from Indonesia. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of this investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\6\ As 
discussed in the Preliminary Scope Decision Memorandum, Commerce is 
preliminarily not modifying the scope language as it appeared in the 
Initiation Notice. See the scope in Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 85 FR at 74681.
    \6\ See Memorandum, ``Antidumping Duty Investigations of 
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and 
Vietnam: Preliminary Scope Decision Memorandum,'' dated concurrently 
with this notice (Preliminary Scope Decision Memorandum).
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    The Preliminary Scope Decision Memorandum establishes the deadline 
to submit scope case briefs.\7\ There will be no further opportunity 
for comments on scope-related issues.
---------------------------------------------------------------------------

    \7\ Case briefs, other written comments, and rebuttal briefs 
submitted by in response to this preliminary LTFV determination 
should not include scope-related issues. See Preliminary Scope 
Decision Memorandum, and ``Public Comment'' section of this notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value has been 
calculated in accordance with section 773 of the Act. Furthermore, 
pursuant to sections 776(a) and (b) of the Act, Commerce has 
preliminarily used an adverse inference when selecting from among the 
facts otherwise available to determine the margin for PT Polyfin 
Canggih (Polyfin), one of three companies selected for individual 
examination in this investigation.\8\ For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.
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    \8\ For a full discussion on respondent selection in the 
investigation, see the Preliminary Determination Memorandum at 2.
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All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. Pursuant to section 735(c)(5)(A) of the Act, this rate shall 
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated, excluding rates that are zero, de minimis, 
or determined entirely under section 776 of the Act.
    In this investigation, Commerce preliminarily calculated individual 
estimated weighted-average dumping margins for PT. Asia Pacific Fibers 
Tbk (Asia Pacific) and PT. Mutu Gading Tekstil (Mutu Gading) that are 
not zero, de minimis, or based entirely on facts otherwise available. 
Commerce calculated the all-others rate using a weighted average of the 
estimated weighted-average dumping margins calculated for Asia Pacific 
and Mutu Gading using each company's publicly-ranged values for the 
merchandise under consideration.\9\
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    \9\ With more than one respondent under examination, Commerce 
normally calculates (A) a weighted-average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents; (B) a simple average of the estimated weighted-average 
dumping margins calculated for the examined respondents; and (C) a 
weighted-average of the estimated weighted-average dumping margins 
calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. Commerce then compares (B) and (C) to (A) and selects 
the rate closest to (A) as the most appropriate rate for all other 
producers and exporters. See Ball Bearings and Parts Thereof from 
France, Germany, Italy, Japan, and the United Kingdom: Final Results 
of Antidumping Duty Administrative Reviews, Final Results of 
Changed-Circumstances Review, and Revocation of an Order in Part, 75 
FR 53661, 53663 (September 1, 2010). As complete publicly-ranged 
sales data was available, Commerce based the all-others rate on the 
publicly-ranged sales data of the mandatory respondents. For a 
complete analysis of the data, see Memorandum, ``Antidumping Duty 
Investigation of Polyester Textured Yarn from Indonesia: Preliminary 
Determination Calculation for the All-Others,'' dated May 26, 2021.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
PT Polyfin Canggih..........................................     * 26.07
PT. Asia Pacific Fibers Tbk.................................        9.20
PT. Mutu Gading Tekstil.....................................        7.45
All Others..................................................        8.71
------------------------------------------------------------------------
* Adverse Facts Available (AFA).

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit for 
estimated antidumping duties as follows: (1) The cash deposit rate for 
the respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping

[[Page 29744]]

margin. These suspension of liquidation instructions will remain in 
effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance. A 
timeline for the submission of case briefs and written comments on non-
scope issues will be provided to interested parties at a later date. 
Rebuttal briefs, limited to issues raised in these case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\10\ The deadlines for submitting case and rebuttal briefs on 
scope issues are in the Preliminary Scope Decision Memorandum.\11\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this investigation are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\12\
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    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020) and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) 
(collectively, Temporary Rule).
    \11\ See Preliminary Scope Decision Memorandum.
    \12\ See Temporary Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination in the Federal Register 
if, in the event of an affirmative preliminary determination, a request 
for such postponement is made by exporters who account for a 
significant proportion of exports of the subject merchandise, or in the 
event of a negative preliminary determination, a request for such 
postponement is made by the petitioner. Section 351.210(e)(2) of 
Commerce's regulations requires that a request by exporters for 
postponement of the final determination be accompanied by a request for 
extension of provisional measures from a four-month period to a period 
not more than six months in duration.
    On April 30, 2021, pursuant to 19 CFR 351.210(e), Asia Pacific and 
Mutu Gading requested that Commerce postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\13\ Asia Pacific and Mutu Gading stated that the reasons for 
their requests is the magnitude and complexity of this investigation, 
as well as the time required for verification, briefing, holding a 
hearing, and issuing a final determination that addresses all the legal 
and factual issued raised by the interested parties in this 
proceeding.\14\ Under the circumstances of this case, a postponement of 
the final determination for the maximum statutory period is warranted. 
In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.
---------------------------------------------------------------------------

    \13\ See Mutu Gading's Letter, ``Polyester Textured Yarn from 
Indonesia: Request to Postpone the Final Determination,'' dated 
April 30, 2021 (Mutu Gading Final Postponement Request); see also 
Asia Pacific's Letter, ``Polyester Textured Yarn from Indonesia: 
Request to Postpone the Final Determination,'' dated April 30, 2021 
(Asia Pacific Final Postponement Request).
    \14\ See Mutu Gading Final Postponement Request at 2; see also 
Asia Pacific Final Postponement Request at 2.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, then the ITC 
will determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether imports of polyester textured yarn from Indonesia are 
materially injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, 19 CFR 351.205(c), and 19 CFR 
351.210(g).

    Dated: May 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation, 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).

[[Page 29745]]

    The merchandise subject to this investigation 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.

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

I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inferences
VII. All-Others Rate
VIII. Discussion of Methodology
IX. Currency Conversion
X. Recommendation

[FR Doc. 2021-11634 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P