Polyester Textured Yarn From Malaysia: Final Affirmative Determination of Sales at Less-Than Fair-Value, 58869-58871 [2021-23125]
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review
Commerce’s regulations concerning the
extension of time limits and the Time
Limits Final Rule, prior to submitting
factual information in this
investigation.50
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.51
Parties must use the certification
formats provided in 19 CFR
351.303(g).52 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
jspears on DSK121TN23PROD with NOTICES1
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).53 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.54
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
50 See 19 CFR 351; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
51 See section 782(b) of the Act.
52 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
53 See Antidumping and Countervailing Duty
Proceedings: Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January 22, 2008).
54 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
18:00 Oct 22, 2021
Jkt 256001
Dated: October 19, 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—Scope of the Investigation
The scope of this investigation covers
freight rail car coupler systems and certain
components thereof. Freight rail car coupler
systems are composed of, at minimum, four
main components (knuckles, coupler bodies,
coupler yokes, and follower blocks, as
specified below) but may also include other
items (e.g., coupler locks, lock lift assemblies,
knuckle pins, knuckle throwers, and rotors).
The components covered by the investigation
include: (1) E coupler bodies; (2) E/F coupler
bodies; (3) F coupler bodies; (4) E yokes; (5)
F yokes; (6) E knuckles; (7) F knuckles; (8)
E type follower blocks; and (9) F type
follower blocks, as set forth by the
Association of American Railroads (AAR).
The freight rail coupler components are
included within the scope of the
investigation when imported individually, or
in some combination thereof, such as in the
form of a coupler fit (a coupler body and
knuckle assembled together), independent
from a coupler system.
Subject freight rail car coupler systems and
components are included within the scope
whether finished or unfinished, whether
imported individually or with other subject
or non-subject components, whether
assembled or unassembled, whether mounted
or unmounted, or if joined with non-subject
merchandise, such as other non-subject
system parts or a completed rail car.
Finishing includes, but is not limited to, arc
washing, welding, grinding, shot blasting,
heat treatment, machining, and assembly of
various components. When a subject coupler
system or subject components are mounted
on or to other non-subject merchandise, such
as a rail car, only the coupler system or
subject components are covered by the scope.
The finished products covered by the
scope of this investigation meet or exceed the
AAR specifications of M–211, ‘‘Foundry and
Product Approval Requirements for the
Manufacture of Couplers, Coupler Yokes,
Knuckles, Follower Blocks, and Coupler
Parts’’ or AAR M–215 ‘‘Coupling Systems,’’
or other equivalent domestic or international
standards (including any revisions to the
standard(s)).
The country of origin for subject coupler
systems and components, whether fully
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
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58869
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. 2021–23231 Filed 10–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–823]
Polyester Textured Yarn From
Malaysia: 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 (yarn) from Malaysia 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:
Daniel Alexander, 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) 482–4313.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 3, 2021, Commerce published
in the Federal Register the preliminary
affirmative determination in the LTFV
investigation of yarn from Malaysia.1
1 See Polyester Textured Yarn from Malaysia:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 86 FR 29748 (June 3, 2021) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
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58870
Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
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 on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://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.
The product covered by this
investigation is yarn from Malaysia. For
a complete description of the scope of
this investigation, see Appendix I.
Verification
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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
2 See Memorandum, ‘‘Polyester Textured Yarn
from Malaysia: Issues and Decision Memorandum
for the Final Affirmative Determination of Sales at
Less Than Fair Value’’ 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 were
filed. See Preliminary Scope Decision
Memorandum at 3. The last scope supplemental
response was submitted on June 24, 2021. See
Recron (Malaysia) Sdn. Bhd. (Recron)’s Letter,
‘‘Scope Supplemental Questionnaire Response,’’
dated June 24, 2021.
5 See Commerce’s Letter, ‘‘In Lieu of Verification
Questionnaire for Recron (Malaysia) Sdn. Bhd. in
the Less-Than-Fair-Value Investigation of Polyester
18:00 Oct 22, 2021
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.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage 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.
Commerce calculated an individual
estimated weighted-average dumping
margin for Recron. Consequently, the
rate calculated for Recron is also
assigned as the rate for all other
producers and exporters.
Changes From the Preliminary
Determination
Scope of the Investigation
VerDate Sep<11>2014
Analysis of Comments Received
Jkt 256001
Based on our analysis of the
comments received, we made certain
changes to the dumping margin
calculations for Recron.6
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
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 yarn from
Malaysia, 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 in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
normal value exceeds U.S. price as
follows: (1) The cash deposit rate for the
companies listed above will be equal to
the company-specific estimated
weighted-average dumping margins
determined in this final determination;
(2) if the exporter is not 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
margin.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
Estimated
weightedaverage
dumping
margin
(percent)
In accordance with section 735(d) of
the Act, we will notify the International
Exporter or producer
Trade Commission (ITC) of our final
affirmative determination of sales at less
than fair value. Because the final
Recron (Malaysia) Sdn. Bhd ......
8.50 determination in this investigation is
All Others ....................................
8.50 affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
Disclosure
domestic industry in the United States
Commerce intends to disclose its
is materially injured, or threatened with
calculations and analysis performed in
material injury, by reason of imports of
this final determination to interested
subject merchandise from Indonesia no
parties within five days of any public
later than 45 days after our final
announcement or, if there is no public
determination. If the ITC determines
announcement, within five days of the
that such injury does not exist, this
date of publication of this notice in
proceeding will be terminated, and all
accordance with 19 CFR 351.224(b).
cash deposits posted will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an
Textured Yarn from Malaysia,’’ dated July 21, 2021;
see also Recron’s Letter, ‘‘Polyester Textured Yarn
antidumping duty order directing CBP
from Malaysia: Recron (Malaysia) Sdn. Bhd. In Lieu
to assess, upon further instruction by
of Verification Questionnaire Response,’’ dated July
Commerce, antidumping duties on all
30, 2021.
imports of the subject merchandise
6 See the Issues and Decision Memorandum for a
discussion of these changes.
entered, or withdrawn from warehouse,
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
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.
jspears on DSK121TN23PROD with NOTICES1
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: Recron’s Internal Grade
Categorization
Comment 2: Major Input Rule Adjustment
Regarding Recron’s Reported Paraxylene
Costs
VerDate Sep<11>2014
18:00 Oct 22, 2021
Jkt 256001
Comment 3: Major Input Rule Adjustment
Regarding Recron’s Purified Terephthalic
Acid Costs
VI. Recommendation
[FR Doc. 2021–23125 Filed 10–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has determined that the
manufacturers/exporters of crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar
cells), from the People’s Republic of
China (China) listed in the ‘‘Final
Results of Review’’ section below, did
not sell subject merchandise in the
United States at less than normal value
during the period of review (POR)
December 1, 2018, through November
30, 2019.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Aleksandras Nakutis, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2769 or (202) 482–3147,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 22, 2021, Commerce
published the Preliminary Results of
this review in the Federal Register.1
After publication of the Preliminary
Results, a number of interested parties
filed case and rebuttal briefs and
Commerce held a public hearing (see
the Issues and Decision Memorandum
for details).2 On August 12, 2021,
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Administrative Review,
and Preliminary Determination of No Shipments;
2018–2019, 86 FR 21277 (April 22, 2021)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018–
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58871
Commerce extended the deadline for the
final results of this review until
September 24, 2021.3 On September 22,
2021, Commerce extended the deadline
for the final results of this review until
October 19, 2021.4 The final weightedaverage dumping margins are in the
‘‘Final Results of Review’’ section of this
notice.
Scope of the Order 5
The merchandise covered by this
order is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.6 Merchandise
covered by this order is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 8501.61.0000,
8507.20.80, 8541.40.6015, 8541.40.6020,
8541.40.6025, 8541.40.6030,
8541.40.6035, 8541.40.6045, and
8501.31.8000. Although these HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. For a complete
description of the scope of the order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all of the issues that
were raised in interested parties’ case
and rebuttal briefs in the Issues and
Decision Memorandum. A list of the
sections in the Issues and Decision
Memorandum, including a list of issues
that parties raised, and to which we
responded, is in the appendix to this
notice. The Issues and Decision
Memorandum is a public document and
2019 Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2018–
2019,’’ dated August 12, 2021.
4 See Memorandum, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Second Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2018–
2019,’’ dated September 22, 2021.
5 The scope was most recently updated in
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China: Final Results of Changed
Circumstances Reviews, and Revocation of the
Antidumping and Countervailing Duty Orders, 83
FR 65344 (December 20, 2018).
6 For a complete description of the scope of the
order, see the Issues and Decision Memorandum.
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]]>Agencies
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58869-58871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23125]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-823]
Polyester Textured Yarn From Malaysia: 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 (yarn) from Malaysia 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: Daniel Alexander, 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) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2021, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of yarn
from Malaysia.\1\
[[Page 58870]]
Commerce invited interested parties to comment on the Preliminary
Determination.
---------------------------------------------------------------------------
\1\ See Polyester Textured Yarn from Malaysia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 29748 (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 on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Polyester Textured Yarn from Malaysia:
Issues and Decision Memorandum for the Final Affirmative
Determination of Sales at Less Than Fair Value'' 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 were filed. See Preliminary Scope
Decision Memorandum at 3. The last scope supplemental response was
submitted on June 24, 2021. See Recron (Malaysia) Sdn. Bhd.
(Recron)'s Letter, ``Scope Supplemental Questionnaire Response,''
dated June 24, 2021.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is yarn from Malaysia.
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, ``In Lieu of Verification
Questionnaire for Recron (Malaysia) Sdn. Bhd. in the Less-Than-Fair-
Value Investigation of Polyester Textured Yarn from Malaysia,''
dated July 21, 2021; see also Recron's Letter, ``Polyester Textured
Yarn from Malaysia: Recron (Malaysia) Sdn. Bhd. In Lieu of
Verification Questionnaire Response,'' dated July 30, 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.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-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.
Commerce calculated an individual estimated weighted-average
dumping margin for Recron. Consequently, the rate calculated for Recron
is also assigned as the rate for all other producers and exporters.
Changes From the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the dumping margin calculations for Recron.\6\
---------------------------------------------------------------------------
\6\ See the Issues and Decision Memorandum for a discussion of
these changes.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Recron (Malaysia) Sdn. Bhd.................................. 8.50
All Others.................................................. 8.50
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed in this final determination to interested parties 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 yarn from Malaysia, 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 in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) The cash deposit rate for the
companies listed above will be equal to the company-specific estimated
weighted-average dumping margins determined in this final
determination; (2) if the exporter is not 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.
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 less than fair value. 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 Indonesia 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,
[[Page 58871]]
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: Recron's Internal Grade Categorization
Comment 2: Major Input Rule Adjustment Regarding Recron's
Reported Paraxylene Costs
Comment 3: Major Input Rule Adjustment Regarding Recron's
Purified Terephthalic Acid Costs
VI. Recommendation
[FR Doc. 2021-23125 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P
