Polyester Textured Yarn From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 58883-58885 [2021-23124]
Download as PDF
Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
assembled, unfinished or finished, or
attached to a rail car, is the country where
the subject coupler components were cast or
forged. Subject merchandise includes coupler
components as defined above that have been
further processed or further assembled,
including those coupler components attached
to a rail car in third countries. Further
processing includes, but is not limited to, arc
washing, welding, grinding, shot blasting,
heat treatment, painting, coating, priming,
machining, and assembly of various
components. The inclusion, attachment,
joining, or assembly of non-subject
components with subject components or
coupler systems either in the country of
manufacture of the in-scope product or in a
third country does not remove the subject
components or coupler systems from the
scope.
The coupler systems that are the subject of
this investigation are currently classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) statistical reporting
number 8607.30.1000. Unfinished subject
merchandise may also enter under HTSUS
statistical reporting number 7326.90.8688.
Subject merchandise attached to finished rail
cars may also enter under HTSUS statistical
reporting numbers 8606.10.0000,
8606.30.0000, 8606.91.0000, 8606.92.0000,
8606.99.0130, 8606.99.0160, or under
subheading 9803.00.5000 if imported as an
Instrument of International Traffic. These
HTSUS subheadings are provided for
convenience and customs purposes only; the
written description of the scope of the
investigation is dispositive.
[FR Doc. 2021–23232 Filed 10–22–21; 8:45 am]
Background
On June 3, 2021, Commerce published
its Preliminary Determination.1
Commerce invited interested parties to
comment on the Preliminary
Determination.
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2 The Issues and
Decision Memorandum is a public
document and is available electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope Comments
On May 26, 2021, we issued the
Preliminary Scope Decision
Memorandum.3 The scope case briefs
were due on July 9, 2021.4 We did not
receive any scope case briefs from
interested parties. Therefore, Commerce
has not made any changes to the scope
of this investigation since the
Preliminary Determination.
Scope of the Investigation
BILLING CODE 3510–DS–P
The product covered by this
investigation is polyester textured yarn
from Thailand. For a complete
description of the scope of this
investigation, see Appendix I.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–843]
Polyester Textured Yarn From
Thailand: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that polyester
textured yarn from Thailand 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.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Stephanie Berger, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2483.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
18:00 Oct 22, 2021
Jkt 256001
1 See Polyester Textured Yarn from Thailand:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 86 FR 29746 (June 3, 2021) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Polyester Textured
Yarn from Thailand,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Antidumping Duty
Investigations of Polyester Textured Yarn from
Indonesia, Malaysia, Thailand, and Vietnam:
Preliminary Scope Decision Memorandum,’’ dated
May 26, 2021 (Preliminary Scope Decision
Memorandum).
4 The scope case briefs were due ‘‘no later than
15 days after the responses to the scope
supplemental questionnaires on intermingled
textured yarn are filed.’’ Id. at 3. The last scope
supplemental response was submitted on June 24,
2021. See Recron (Malaysia) Sdn. Bhd.’s Letter,
‘‘Scope Supplemental Questionnaire Response,’’
dated June 24, 2021. No information was provided
in the responses to the scope supplemental
questionnaires that was sufficient for us to revise
our findings in the Preliminary Scope Decision
Memorandum.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
58883
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
the issues raised in the Issues and
Decision Memorandum is attached to
this notice as Appendix II.
Changes From the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculation for
Sunflag Thailand Ltd. (Sunflag) since
the Preliminary Determination. See the
Issues and Decision Memorandum for a
discussion of these changes.
Use of Adverse Facts Available
The mandatory respondent Jong Stit
Co., Ltd. (Jong Stit) did not respond to
Commerce’s initial antidumping duty
questionnaire in this investigation.6
Therefore, in the Preliminary
Determination, pursuant to sections
776(a) and 776(b) of the Act, we
assigned to Jong Stit the highest Petition
margin based on adverse facts available
(AFA). No party filed comments
concerning the Preliminary
Determination with respect to Jong Stit,
and there is no new information on the
record that would cause us to revisit the
Preliminary Determination.
Accordingly, we continue to find that
the application of AFA pursuant to
sections 776(a) and (b) of the Act is
warranted with respect to Jong Stit.
Consistent with the Preliminary
Determination, Commerce has assigned
to Jong Stit the highest Petition margin,
which is 56.80 percent. For further
information, see the section
‘‘Application of Facts Available and Use
of Adverse Inferences’’ in the
Preliminary Determination PDM.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weighted5 See Commerce’s Letter, ‘‘Antidumping Duty
(AD) In Lieu of Verification Questions,’’ dated July
6, 2021, and Sunflag’s Letter, ‘‘Polyester Textured
Yarn from Thailand: Response to the In Lieu of
Verification Questionnaire,’’ dated July 14, 2021.
6 See Preliminary Determination PDM at 2.
E:\FR\FM\25OCN1.SGM
25OCN1
58884
Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
average dumping margin for all other
producers and exporters not
individually investigated shall be 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 has assigned a rate based
entirely on facts available to Jong Stit.
Therefore, the only rate that is not zero,
de minimis or based entirely on facts
otherwise available is the rate calculated
for Sunflag. Consequently, the rate
calculated for Sunflag is also assigned as
the rate for all other producers and
exporters.
dumping margin determined in this
final 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 companyspecific 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 weightedaverage dumping margin listed in the
table above. These suspension of
liquidation instructions will remain in
effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
affirmative determination of sales at
LTFV. Because the final determination
in this investigation is affirmative, in
Estimated accordance with section 735(b)(2) of the
weighted- Act, the ITC will make its final
average
determination as to whether the
Exporter or producer
dumping
domestic industry in the United States
margin
is materially injured, or threatened with
(percent)
material injury, by reason of imports of
Sunflag Thailand Ltd ..................
14.47 subject merchandise from Thailand no
Jong Stit Co., Ltd ........................
* 56.80 later than 45 days after our final
All Others ....................................
14.47
determination. If the ITC determines
that such injury does not exist, this
* (AFA).
proceeding will be terminated, and all
Disclosure
cash deposits posted will be refunded.
Commerce intends to disclose its
If the ITC determines that such injury
calculations and analysis performed to
does exist, Commerce will issue an
interested parties in this final
antidumping duty order directing CBP
determination within five days of any
to assess, upon further instruction by
public announcement or, if there is no
Commerce, antidumping duties on all
public announcement, within five days
imports of the subject merchandise
of the date of publication of this notice
entered, or withdrawn from warehouse,
in accordance with 19 CFR 351.224(b).
for consumption on or after the effective
date of the suspension of liquidation.
Continuation of Suspension of
Liquidation
Notification Regarding Administrative
Protective Order
In accordance with section
735(c)(1)(B) of the Act, Commerce will
This notice serves as a reminder to the
instruct U.S. Customs and Border
parties
subject to an administrative
Protection (CBP) to continue to suspend
protective order (APO) of their
liquidation of all entries of polyester
responsibility concerning the
textured yarn from Thailand, as
disposition of proprietary information
described in Appendix I of this notice,
disclosed under APO in accordance
which were entered or withdrawn from
with 19 CFR 351.305(a)(3). Timely
warehouse for consumption on or after
written notification of the return or
June 3, 2021, the date of publication of
destruction of APO materials or
the Preliminary Determination of this
conversion to judicial protective order is
investigation in the Federal Register.
hereby requested. Failure to comply
Pursuant to section 735(c)(1)(B)(ii) of
with the regulations and terms of an
the Act and 19 CFR 351.210(d), upon
APO is a sanctionable violation.
the publication of this notice, we will
instruct CBP to require a cash deposit
Notification to Interested Parties
for such entries of merchandise equal to
the following: (1) The cash deposit rate
This determination is issued and
for the respondents listed in the table
published in accordance with sections
above will be equal to the company735(d) and 777(i)(1) of the Act, and 19
specific estimated weighted-average
CFR 351.210(c).
jspears on DSK121TN23PROD with NOTICES1
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
VerDate Sep<11>2014
18:00 Oct 22, 2021
Jkt 256001
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
Dated: October 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of the 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).
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether the Facts Warrant
Application of Adverse Facts Available
Comment 2: Whether Sunflag Failed to
Provide Complete and Accurate Chart of
Accounts, Trial Balances, and Sales and
Cost Reconciliation Worksheet
Responses as Requested
Comment 3: Whether Sunflag Reconciled
U.S. Sales Data
Comment 4: Whether Sunflag Failed to
Report Containerization Expenses
Comment 5: Whether There is Missing Cost
Data
Comment 6: Whether Sunflag Withheld the
Reporting of Certain Items Pertaining to
its Inventory Worksheet
Comment 7: Whether Sunflag’s Product
Codes and Control Numbers Agree
Comment 8: Whether Sunflag’s U.S. Sales
Information Failed to Verify
Comment 9: Whether Sunflag’s Home
Market Sales Information Failed to
Verify
Comment 10: Whether Sunflag Failed to
Report Freight Revenues
Comment 11: Whether Sunflag Failed to
Report Port Expenses and Customs
Broker Expenses
Comment 12: Whether Sunflag Fully
Documented International Freight
Expenses
E:\FR\FM\25OCN1.SGM
25OCN1
58885
Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
Comment 13: Whether Job Work Costs Are
Misclassified
Comment 14: Whether Use of a Quarterly
Cost Methodology is Warranted
Comment 15: Whether Commerce Should
Allow a COVID–19 Partial Shut Down
Adjustment
Comment 16: Whether Commerce Should
Correct the Error in the Calculation of Its
Adjustment to Sunflag’s COVID–19
Adjustment
Comment 17: Appropriate Data Sets
VI. Recommendation
[FR Doc. 2021–23124 Filed 10–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Rescission of Antidumping and
Countervailing Duty Administrative
Reviews
Based upon the timely
withdrawal of all review requests, the
Department of Commerce (Commerce) is
rescinding the administrative reviews
covering the periods of review for the
antidumping duty (AD) and
countervailing duty (CVD) orders
identified in the table below.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Based upon timely requests for
review, Commerce initiated
administrative reviews of certain
companies for the periods of review for
the AD and CVD orders listed in the
table below, pursuant to 19 CFR
351.221(c)(1)(i).1 All requests for these
reviews have been timely withdrawn.2
Rescission of Reviews
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested the
review withdraw their review requests
within 90 days of the date of publication
of the notice of initiation for the
requested review. All parties withdrew
their requests for the reviews listed in
the table below within the 90-day
deadline. No other parties requested
administrative reviews of these AD/CVD
orders for the periods noted in the table.
Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding,
in their entirety, the administrative
reviews listed in the table below.
Period of review
AD Proceedings
Argentina:
Biodiesel, A–357–820 ...................................................................................................................................................
Brazil:
Certain Uncoated Paper, A–351–842 ..........................................................................................................................
Canada:
Polyethylene Terephthalate Resin, A–122–855 ...........................................................................................................
Germany:
Cold-Drawn Mechanical Tubing, A–428–845 ...............................................................................................................
India:
Fine Denier Polyester Staple Fiber, A–533–875 .........................................................................................................
Indonesia:
Biodiesel, A–560–830 ...................................................................................................................................................
Japan:
Carbon and Alloy Seamless Standard, Line, Pressure (under 41⁄2 inches), A–588–851 ...........................................
Cold-Rolled Steel Flat Products ...................................................................................................................................
Republic of Korea:
Polyester Staple Fiber, A–580–839 .............................................................................................................................
Switzerland:
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–441–801 .......................................................
Taiwan:
Stainless Steel Plate in Coils, A–583–830 ...................................................................................................................
The Republic of Turkey:
Certain Quartz Surface Products, A–489–837 .............................................................................................................
The People’s Republic of China:
Alloy and Certain Carbon Steel Threaded Rod, A–570–104 .......................................................................................
Aluminum Extrusions, A–570–967 ...............................................................................................................................
Certain Aluminum Foil, A–570–053 .............................................................................................................................
Certain Amorphous Silica Fabric, A–570–038 .............................................................................................................
Oil Country Tubular Goods, A–570–943 ......................................................................................................................
Stainless Steel Sheet and Strip, A–570–042 ...............................................................................................................
4/1/2020–3/31/2021
3/1/2020–2/28/2021
5/1/2021–4/30/2021
6/1/2020–5/31/2021
7/1/2020–6/30/2021
4/1/2020–3/31/2021
6/1/2020–5/31/2021
7/1/2020–6/30/2021
5/1/2020–4/30/2021
6/1/2020–5/31/2021
5/1/2020–4/30/2021
12/13/2019–5/31/2021
9/25/2019–3/31/2021
5/1/2020–4/30/2021
4/1/2020–3/31/2021
3/1/2020–2/28/2021
5/1/2020–4/30/2021
4/1/2020–3/31/2021
jspears on DSK121TN23PROD with NOTICES1
CVD Proceedings
The Republic of Turkey:
Certain Quartz Surface Products, C–489–838 ............................................................................................................
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
23925 (May 5, 2021); see also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 31282 (June 11,
2021); Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
VerDate Sep<11>2014
18:00 Oct 22, 2021
Jkt 256001
35481 (July 6, 2021); Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
41821 (August 3, 2021); and Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7,
2021).
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
10/11/2019–12/31/2020
2 The letters withdrawing the review requests
may be found in Enforcement and Compliance’s
Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is
available to registered users at https://
access.trade.gov.
E:\FR\FM\25OCN1.SGM
25OCN1
Agencies
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58883-58885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23124]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-843]
Polyester Textured Yarn From Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
polyester textured yarn from Thailand 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.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2483.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2021, Commerce published its Preliminary
Determination.\1\ Commerce invited interested parties to comment on the
Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Polyester Textured Yarn from Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 29746 (June 3, 2021) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and Decision Memorandum is a public document and is
available electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Polyester Textured Yarn from Thailand,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope Comments
On May 26, 2021, we issued the Preliminary Scope Decision
Memorandum.\3\ The scope case briefs were due on July 9, 2021.\4\ We
did not receive any scope case briefs from interested parties.
Therefore, Commerce has not made any changes to the scope of this
investigation since the Preliminary Determination.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Antidumping Duty Investigations of
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and
Vietnam: Preliminary Scope Decision Memorandum,'' dated May 26, 2021
(Preliminary Scope Decision Memorandum).
\4\ The scope case briefs were due ``no later than 15 days after
the responses to the scope supplemental questionnaires on
intermingled textured yarn are filed.'' Id. at 3. The last scope
supplemental response was submitted on June 24, 2021. See Recron
(Malaysia) Sdn. Bhd.'s Letter, ``Scope Supplemental Questionnaire
Response,'' dated June 24, 2021. No information was provided in the
responses to the scope supplemental questionnaires that was
sufficient for us to revise our findings in the Preliminary Scope
Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is polyester textured
yarn from Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\5\
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``Antidumping Duty (AD) In Lieu of
Verification Questions,'' dated July 6, 2021, and Sunflag's Letter,
``Polyester Textured Yarn from Thailand: Response to the In Lieu of
Verification Questionnaire,'' dated July 14, 2021.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes From the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculation for Sunflag Thailand Ltd. (Sunflag)
since the Preliminary Determination. See the Issues and Decision
Memorandum for a discussion of these changes.
Use of Adverse Facts Available
The mandatory respondent Jong Stit Co., Ltd. (Jong Stit) did not
respond to Commerce's initial antidumping duty questionnaire in this
investigation.\6\ Therefore, in the Preliminary Determination, pursuant
to sections 776(a) and 776(b) of the Act, we assigned to Jong Stit the
highest Petition margin based on adverse facts available (AFA). No
party filed comments concerning the Preliminary Determination with
respect to Jong Stit, and there is no new information on the record
that would cause us to revisit the Preliminary Determination.
Accordingly, we continue to find that the application of AFA pursuant
to sections 776(a) and (b) of the Act is warranted with respect to Jong
Stit. Consistent with the Preliminary Determination, Commerce has
assigned to Jong Stit the highest Petition margin, which is 56.80
percent. For further information, see the section ``Application of
Facts Available and Use of Adverse Inferences'' in the Preliminary
Determination PDM.
---------------------------------------------------------------------------
\6\ See Preliminary Determination PDM at 2.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-
[[Page 58884]]
average dumping margin for all other producers and exporters not
individually investigated shall be 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 has assigned a rate based entirely on
facts available to Jong Stit. Therefore, the only rate that is not
zero, de minimis or based entirely on facts otherwise available is the
rate calculated for Sunflag. Consequently, the rate calculated for
Sunflag is also assigned as the rate for all other producers and
exporters.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Sunflag Thailand Ltd........................................ 14.47
Jong Stit Co., Ltd.......................................... * 56.80
All Others.................................................. 14.47
------------------------------------------------------------------------
* (AFA).
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of polyester textured yarn from
Thailand, as described in Appendix I of this notice, which were entered
or withdrawn from warehouse for consumption on or after June 3, 2021,
the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for such entries of merchandise equal to the
following: (1) The cash deposit rate for the respondents listed in the
table above will be equal to the company-specific estimated weighted-
average dumping margin determined in this final 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 margin listed in the table above. These
suspension of liquidation instructions will remain in effect until
further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of subject
merchandise from Thailand no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Order
This notice serves as a reminder to the parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: October 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the 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).
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether the Facts Warrant Application of Adverse
Facts Available
Comment 2: Whether Sunflag Failed to Provide Complete and
Accurate Chart of Accounts, Trial Balances, and Sales and Cost
Reconciliation Worksheet Responses as Requested
Comment 3: Whether Sunflag Reconciled U.S. Sales Data
Comment 4: Whether Sunflag Failed to Report Containerization
Expenses
Comment 5: Whether There is Missing Cost Data
Comment 6: Whether Sunflag Withheld the Reporting of Certain
Items Pertaining to its Inventory Worksheet
Comment 7: Whether Sunflag's Product Codes and Control Numbers
Agree
Comment 8: Whether Sunflag's U.S. Sales Information Failed to
Verify
Comment 9: Whether Sunflag's Home Market Sales Information
Failed to Verify
Comment 10: Whether Sunflag Failed to Report Freight Revenues
Comment 11: Whether Sunflag Failed to Report Port Expenses and
Customs Broker Expenses
Comment 12: Whether Sunflag Fully Documented International
Freight Expenses
[[Page 58885]]
Comment 13: Whether Job Work Costs Are Misclassified
Comment 14: Whether Use of a Quarterly Cost Methodology is
Warranted
Comment 15: Whether Commerce Should Allow a COVID-19 Partial
Shut Down Adjustment
Comment 16: Whether Commerce Should Correct the Error in the
Calculation of Its Adjustment to Sunflag's COVID-19 Adjustment
Comment 17: Appropriate Data Sets
VI. Recommendation
[FR Doc. 2021-23124 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P