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]
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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).
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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).
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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).
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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 https://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).
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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.
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
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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.
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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.
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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
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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.
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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:
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AGENCY:
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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).
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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 https://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.
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\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.
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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.
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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.
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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.
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\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.
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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
