Polyester Textured Yarn From Indonesia: Final Affirmative Determination of Sales at Less Than Fair Value, 58875-58876 [2021-23126]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58875-58876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-838]


Polyester Textured Yarn From Indonesia: 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 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.

DATES: Applicable October 25, 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

    On June 3, 2021, Commerce published in the Federal Register its 
Preliminary Determination of sales of polyester textured yarn from 
Indonesia at LTFV.\1\ Commerce invited interested parties to comment on 
the Preliminary Determination.
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    \1\ See Polyester Textured Yarn from Indonesia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 29742 (June 3, 2021) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum (PDM).
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\
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    \2\ See Memorandum, ``Polyester Textured Yarn from Indonesia: 
Issues and Decision Memorandum for the Final Affirmative 
Determination of Sales at Less Than Fair Value Investigation,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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    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 a 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.
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    \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.
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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.

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\
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    \5\ See Commerce's Letters, '' Revised In Lieu of Verification 
Questionnaire for PT. Asia Pacific Fibers Tbk in the Antidumping 
Duty Investigation of Polyester Textured Yarn from Indonesia,'' 
dated August 4, 2021; and ``Revised in Lieu of Verification 
Questionnaire for PT. Mutu Gading Tekstil in the Antidumping Duty 
Investigation of Polyester Textured Yarn from Indonesia,'' dated 
August 4, 2021; see also PT. Asia Pacific Fibers Tbk's Letter, 
``Polyester Textured Yarn from Indonesia: Submission of Response to 
the Revised Questionnaire in Lieu of Verification,'' dated August 
13, 2021; and PT. Mutu Gading Tekstil's Letter, ``Polyester Textured 
Yarn from Indonesia: Submission of Response to Revised in Lieu of 
Verification Questionnaire,'' dated August 13, 2021.
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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, 
which is hereby adopted by this notice. 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 from interested 
parties, we made certain changes to the dumping margin calculations for 
PT. Asia Pacific Fibers Tbk (Asia Pacific), PT. Mutu Gading Tekstil 
(Mutu Gading), and the All-Others rate. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Use of Facts Available and Adverse Facts Available

    We find that the use of facts available is warranted in determining 
the rate for mandatory respondent PT. Polyfin Canggih (Polyfin), 
pursuant to sections 776(a)(1) and (2)(A)-(C) of the Act, and the rate 
for mandatory respondent Asia Pacific, pursuant to sections 776(a)(1) 
and (2)(A)-(D) of the Act.\6\ Further, use of adverse facts available 
is warranted with respect to Polyfin and Asia Pacific because these two 
mandatory respondents did not cooperate to the best of their ability to 
comply with our requests for information and, accordingly, we applied 
adverse inferences in selecting from the facts available, pursuant to 
section 776(b) of the Act and 19 CFR 351.308(a).
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    \6\ See Issues and Decision Memorandum at ``Use of Adverse Facts 
Available.''
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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 
individually investigated exporters and producers, 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 Mutu Gading but is using an

[[Page 58876]]

adverse facts available rate for Asia Pacific and Polyfin. Therefore, 
the only rate which is not zero, de minimis, or determined entirely 
under section 776 of the Act is the rate calculated for Mutu Gading. 
Consequently, the rate calculated for Mutu Gading 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
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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PT. Polyfin Canggih.........................................     * 26.07
PT. Asia Pacific Fibers Tbk.................................     * 26.07
PT. Mutu Gading Tekstil.....................................        7.47
All Others..................................................        7.47
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* Adverse Facts Available (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 
Indonesia, 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, upon the 
publication of this notice, Commerce will instruct CBP to require a 
cash deposit equal to the estimated weighted-average dumping margin or 
the estimated all-others rate, 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 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. 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 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, 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. Use of Facts Available and Adverse Facts Available
VI. Discussion of the Issues
    Comment 1: Whether Total Adverse Facts Available is Warranted 
Regarding Asia Pacific's Cost Verification Information
    Comment 2: Mutu Gading's Reported Control Numbers (CONNUMs)
    Comment 3: Mutu Gading's Reported Gross Unit Price
    Comment 4: Mutu Gading's Inland Freight Expenses
    Comment 5: Mutu Gading's Ocean Freight Expenses
    Comment 6: Mutu Gading's Bank Charges
    Comment 7: Mutu Gading's Commission Expenses (COMMH)
    Comment 8: Mutu Gading's POI Sales Reconciliation
    Comment 9: Whether Mutu Gading's Reported Sales are Unreliable 
and Warrant the Application of Total Adverse Facts Available
    Comment 10: Whether Mutu Gading's Reported Costs are Unreliable 
and Warrant the Application of Total Adverse Facts Available
    Comment 11: Whether Commerce Should Use Mutu Gading's Fiscal 
Year 2019 Financial Statements for the General and Administrative 
and Interest Expense Ratios
VII. Recommendation

[FR Doc. 2021-23126 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P