Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 71031-71033 [2021-27003]
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices
five years from the date of entry; or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries.
(I) I understand that {NAME OF
IMPORTING COMPANY} is required to
provide this certification and supporting
records to U.S. Customs and Border
Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the
respective agency.
(J) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(K) I understand that failure to maintain
the required certifications, and/or failure to
substantiate the claims made herein, and/or
failure to allow CBP and/or Commerce to
verify the claims made herein, may result in
a de facto determination that all entries to
which this certification applies are within
the scope of the antidumping/countervailing
duty orders on certain uncoated paper from
Indonesia. I understand that such finding
will result in:
(i) Suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the requirement that the importer post
applicable antidumping duty and/or
countervailing duty cash deposits (as
appropriate) equal to the rates determined by
Commerce; and
(iii) the revocation of {NAME OF
IMPORTING COMPANY}’s privilege to
certify future imports of subject-paper rolls
from Indonesia as not being imported for
purposes of further processing into the
United States into uncoated paper sheets.
(L) I understand that agents of the
importer, such as brokers, are not permitted
to make this certification. Where a broker or
other party was used to facilitate the entry
process, {NAME OF IMPORTING
COMPANY} obtained the entry summary
number and date of entry summary from that
party.
(M) This certification was completed at or
prior to the date of entry summary.
(N) I am aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE}
[FR Doc. 2021–26996 Filed 12–13–21; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–838, A–557–823, A–549–843, A–552–
832]
Polyester Textured Yarn From
Indonesia, Malaysia, Thailand, and the
Socialist Republic of Vietnam:
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing the antidumping
duty orders on polyester textured yarn
from Indonesia, Malaysia, Thailand, and
the Socialist Republic of Vietnam
(Vietnam).
DATES: Applicable December 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Peter Shaw at (202) 482–0697 or Toni
Page at (202) 482–1398 (Indonesia);
Daniel Alexander at (202) 482–4313
(Malaysia); Stephanie Berger at (202)
482–2483 (Thailand); and Preston Cox
at (202) 482–5041 (Vietnam); AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on October 25, 2021,
Commerce published its affirmative
final determinations in the less-thanfair-value (LTFV) investigations of
imports of polyester textured yarn from
Indonesia, Malaysia, Thailand, and
Vietnam.1 On December 7, 2021, the ITC
notified Commerce of its affirmative
final determinations, pursuant to
section 735(d) of the Act, that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of the LTFV imports of polyester
1 See
Polyester Textured Yarn from Indonesia:
Final Affirmative Determination of Sales at Less
Than Fair Value, 86 FR 58875 (October 25, 2021);
Polyester Textured Yarn from Malaysia: Final
Affirmative Determination of Sales at Less-Than
Fair-Value, 86 FR 58869 (October 25, 2021);
Polyester Textured Yarn from Thailand: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 58883 (October 25, 2021); and
Polyester Textured Yarn from the Socialist Republic
of Vietnam: Final Affirmative Determination of
Sales at Less Than Fair Value, 86 FR 58877
(October 25, 2021) (Final Determination Vietnam)
(collectively, Final Determinations).
PO 00000
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71031
textured yarn from Indonesia, Malaysia,
Thailand, and Vietnam.2
Scope of the Orders
The product covered by these orders
is polyester textured yarn from
Indonesia, Malaysia, Thailand, and
Vietnam. For a complete description of
the scope of these orders, see the
appendix to this notice.
Antidumping Duty Orders
On December 7, 2021, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determinations in these investigations,
in which it found that an industry in the
United States is materially injured by
reason of LTFV imports of polyester
textured yarn from Indonesia, Malaysia,
Thailand, and Vietnam.3 Therefore, in
accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing
these antidumping duty orders.
Because the ITC determined that
imports of polyester textured yarn from
Indonesia, Malaysia, Thailand, and
Vietnam are materially injuring a U.S.
industry, unliquidated entries of subject
merchandise from Indonesia, Malaysia,
Thailand, and Vietnam, entered into the
United States or withdrawn from
warehouse for consumption, are subject
to the assessment of antidumping
duties. Therefore, in accordance with
section 736(a)(1) of the Act, Commerce
will direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instructions by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the subject
merchandise, for all relevant entries of
polyester textured yarn from Indonesia,
Malaysia, Thailand, and Vietnam.
Antidumping duties will be assessed on
unliquidated entries of polyester
textured yarn from Indonesia, Malaysia,
Thailand, or Vietnam entered, or
withdrawn from warehouse, for
consumption on or after June 3, 2021,
the date of publication of the
Preliminary Determinations,4 but will
2 See
ITC’s Letter, dated December 7, 2021.
3 Id.
4 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); 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); 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); Polyester
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14DEN1
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final injury determinations as
further described below.
Continuation of Suspension of
Liquidation
In accordance with section 736 of the
Act, Commerce will instruct CBP to
continue to suspend liquidation of
polyester textured yarn from Indonesia,
Malaysia, Thailand, and Vietnam as
described in the appendix to this notice
which are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the ITC’s
notice of final determinations in the
Federal Register. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margins indicated in the tables below.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determinations, CBP will require,
at the same time as importers would
normally deposit estimated duties on
the subject merchandise, a cash deposit
equal to the rates listed below.5 For
Indonesia, Malaysia, and Thailand, the
all-others rate applies to all producers or
exporters not specifically listed. For
Vietnam, the rate for the Vietnam-wide
entity applies to all exporters not
specifically listed.
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except that Commerce may
extend the four-month period to no
more than six months at the request of
exporters representing a significant
proportion of exports of the subject
merchandise. At the request of exporters
accounting for a significant proportion
of polyester textured yarn from
Indonesia, Malaysia, Thailand, and
Vietnam, Commerce extended the fourmonth period to six months in this
proceeding in each of these
investigations.6 The extended
provisional measures period began on
June 3, 2021, and ended on November
29, 2021.
Therefore, in accordance with section
733(d) of the Act and its practice,
Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of polyester textured yarn from
Indonesia, Malaysia, Thailand, and
Vietnam entered or withdrawn from
warehouse for consumption after
November 29, 2021, the final day on
which the provisional measures were in
effect, until and through the day
preceding the date of publication of the
ITC’s final affirmative injury
determinations in the Federal Register.
Suspension of liquidation and
collection of cash deposits will resume
on the date of publication of the ITC’s
final determinations in the Federal
Register.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
INDONESIA
Producer or exporter
PT. Polyfin Canggih ....................
PT. Asia Pacific Fibers Tbk ........
PT. Mutu Gading Tekstil .............
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
* 26.07
* 26.07
7.47
7.47
MALAYSIA
Producer or exporter
Recron (Malaysia) Sdn. Bhd ......
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
8.50
8.50
THAILAND
Producer or exporter
Sunflag Thailand Ltd ..................
Jong Stit Co., Ltd ........................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
14.47
* 56.80
14.47
VIETNAM
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Century Single Entity 7 ................................................................
Vietnam-Wide Entity ...................................................................
Century Single Entity ..................................................................
.....................................................................................................
2.58
22.36
* The rate was assigned based on facts available with adverse inferences.
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Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published Regulations to Improve
Administration and Enforcement of
Antidumping and Countervailing Duty
Laws, 86 FR 52300 (September 20, 2021)
(Final Rule). On September 27, 2021,
Textured Yarn from the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
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Commerce also published Scope Ruling
Application; Annual Inquiry Service
List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural
Guidance). The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or a request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
Measures, 86 FR 29750 (June 3, 2021) (collectively,
Preliminary Determinations).
5 See section 736(a)(3) of the Act.
6 See Preliminary Determinations.
7 The Century Single Entity is comprised of
Century Synthetic Fiber Corporation and Century
Synthetic Fiber Corporation-Branch. See Final
Determination Vietnam, 86 FR 58877, n.5.
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices
merchandise from the same country of
origin.8
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 9
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
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Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
8 See Final Rule, 86 FR 52335–37; and Procedural
Guidance.
9 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
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18:24 Dec 13, 2021
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list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 10
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list for those
orders for which they qualify as an
interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and
foreign governments will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
governments are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
polyester textured yarn from Indonesia,
Malaysia, Thailand, and Vietnam
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are issued and published
in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: December 8, 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 Orders
The merchandise covered by these orders,
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 these orders is
properly classified under subheadings
5401.10.0000, 5402.33.3000, and
5402.33.6000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
10 See
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71033
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
[FR Doc. 2021–27003 Filed 12–13–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Sanctuary System Business Advisory
Council: Public Meeting
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of open public meeting.
AGENCY:
Notice is hereby given of a
meeting of the Sanctuary System
Business Advisory Council (council).
The meeting is open to the public, and
an opportunity for oral and written
comments will be provided.
DATES: The meeting will be held
Wednesday, January 19, 2022 from 1
p.m. to 4 p.m. ET, and an opportunity
for public comment will be provided
around 3:40 p.m. ET. Both times and
agenda topics are subject to change.
ADDRESSES: The meeting will be held
virtually using Google Meet. To
participate, please use the weblink
provided below. If you are unable to
participate online, you can also connect
to the public meeting using the phone
number provided.
Weblink: meet.google.com/jcb-ufghrch
Phone: +1 205–832–1394 PIN: 449
512 063#
To provide an oral public comment
during the virtual meeting, please sign
up prior to or during the meeting by
contacting Katie Denman by phone
(240–533–0702) or email
(katie.denman@noaa.gov). To provide
written public comment, please send
the comment to Katie Denman prior to
or during the meeting via email
(katie.denman@noaa.gov). Please note,
the meeting will not be recorded.
However, public comments, including
any associated names, will be captured
in the minutes of the meeting, will be
maintained by the Office of National
Marine Sanctuaries (ONMS) as part of
its administrative record, and may be
subject to release pursuant to the
Freedom of Information Act. By signing
up to provide a public comment, you
agree that these communications,
including your name and comment, will
be maintained as described here.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71031-71033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27003]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-838, A-557-823, A-549-843, A-552-832]
Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and
the Socialist Republic of Vietnam: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing the antidumping duty orders on polyester textured
yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of
Vietnam (Vietnam).
DATES: Applicable December 14, 2021.
FOR FURTHER INFORMATION CONTACT: Peter Shaw at (202) 482-0697 or Toni
Page at (202) 482-1398 (Indonesia); Daniel Alexander at (202) 482-4313
(Malaysia); Stephanie Berger at (202) 482-2483 (Thailand); and Preston
Cox at (202) 482-5041 (Vietnam); AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 25,
2021, Commerce published its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of imports of polyester
textured yarn from Indonesia, Malaysia, Thailand, and Vietnam.\1\ On
December 7, 2021, the ITC notified Commerce of its affirmative final
determinations, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of the LTFV imports of
polyester textured yarn from Indonesia, Malaysia, Thailand, and
Vietnam.\2\
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\1\ See Polyester Textured Yarn from Indonesia: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
58875 (October 25, 2021); Polyester Textured Yarn from Malaysia:
Final Affirmative Determination of Sales at Less-Than Fair-Value, 86
FR 58869 (October 25, 2021); Polyester Textured Yarn from Thailand:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 58883 (October 25, 2021); and Polyester Textured Yarn from the
Socialist Republic of Vietnam: Final Affirmative Determination of
Sales at Less Than Fair Value, 86 FR 58877 (October 25, 2021) (Final
Determination Vietnam) (collectively, Final Determinations).
\2\ See ITC's Letter, dated December 7, 2021.
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Scope of the Orders
The product covered by these orders is polyester textured yarn from
Indonesia, Malaysia, Thailand, and Vietnam. For a complete description
of the scope of these orders, see the appendix to this notice.
Antidumping Duty Orders
On December 7, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of LTFV imports of polyester textured
yarn from Indonesia, Malaysia, Thailand, and Vietnam.\3\ Therefore, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing these antidumping duty orders.
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\3\ Id.
---------------------------------------------------------------------------
Because the ITC determined that imports of polyester textured yarn
from Indonesia, Malaysia, Thailand, and Vietnam are materially injuring
a U.S. industry, unliquidated entries of subject merchandise from
Indonesia, Malaysia, Thailand, and Vietnam, entered into the United
States or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties. Therefore, in accordance with section
736(a)(1) of the Act, Commerce will direct U.S. Customs and Border
Protection (CBP) to assess, upon further instructions by Commerce,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the subject merchandise, for all relevant entries of polyester textured
yarn from Indonesia, Malaysia, Thailand, and Vietnam. Antidumping
duties will be assessed on unliquidated entries of polyester textured
yarn from Indonesia, Malaysia, Thailand, or Vietnam entered, or
withdrawn from warehouse, for consumption on or after June 3, 2021, the
date of publication of the Preliminary Determinations,\4\ but will
[[Page 71032]]
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determinations as further described below.
---------------------------------------------------------------------------
\4\ 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); 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); 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); Polyester Textured Yarn from the Socialist Republic
of Vietnam: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 86 FR 29750 (June 3, 2021) (collectively,
Preliminary Determinations).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to continue to suspend liquidation of polyester textured yarn from
Indonesia, Malaysia, Thailand, and Vietnam as described in the appendix
to this notice which are entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determinations in the Federal Register. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determinations, CBP will require, at the same
time as importers would normally deposit estimated duties on the
subject merchandise, a cash deposit equal to the rates listed below.\5\
For Indonesia, Malaysia, and Thailand, the all-others rate applies to
all producers or exporters not specifically listed. For Vietnam, the
rate for the Vietnam-wide entity applies to all exporters not
specifically listed.
---------------------------------------------------------------------------
\5\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except that Commerce may extend the four-
month period to no more than six months at the request of exporters
representing a significant proportion of exports of the subject
merchandise. At the request of exporters accounting for a significant
proportion of polyester textured yarn from Indonesia, Malaysia,
Thailand, and Vietnam, Commerce extended the four-month period to six
months in this proceeding in each of these investigations.\6\ The
extended provisional measures period began on June 3, 2021, and ended
on November 29, 2021.
---------------------------------------------------------------------------
\6\ See Preliminary Determinations.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act and its
practice, Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of polyester textured yarn from Indonesia,
Malaysia, Thailand, and Vietnam entered or withdrawn from warehouse for
consumption after November 29, 2021, the final day on which the
provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
determinations in the Federal Register. Suspension of liquidation and
collection of cash deposits will resume on the date of publication of
the ITC's final determinations in the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Indonesia
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
PT. Polyfin Canggih......................................... * 26.07
PT. Asia Pacific Fibers Tbk................................. * 26.07
PT. Mutu Gading Tekstil..................................... 7.47
All Others.................................................. 7.47
------------------------------------------------------------------------
Malaysia
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Recron (Malaysia) Sdn. Bhd.................................. 8.50
All Others.................................................. 8.50
------------------------------------------------------------------------
Thailand
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Sunflag Thailand Ltd........................................ 14.47
Jong Stit Co., Ltd.......................................... * 56.80
All Others.................................................. 14.47
------------------------------------------------------------------------
Vietnam
------------------------------------------------------------------------
Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
------------------------------------------------------------------------
Century Single Entity \7\......... Century Single 2.58
Entity.
Vietnam-Wide Entity............... .................... 22.36
------------------------------------------------------------------------
* The rate was assigned based on facts available with adverse
inferences.
Establishment of the Annual Inquiry Service Lists
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\7\ The Century Single Entity is comprised of Century Synthetic
Fiber Corporation and Century Synthetic Fiber Corporation-Branch.
See Final Determination Vietnam, 86 FR 58877, n.5.
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On September 20, 2021, Commerce published Regulations to Improve
Administration and Enforcement of Antidumping and Countervailing Duty
Laws, 86 FR 52300 (September 20, 2021) (Final Rule). On September 27,
2021, Commerce also published Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR 53205 (September 27,
2021) (Procedural Guidance). The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or a request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same
[[Page 71033]]
merchandise from the same country of origin.\8\
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\8\ See Final Rule, 86 FR 52335-37; and Procedural Guidance.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \9\
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\9\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \10\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\10\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam
pursuant to section 736(a) of the Act. Interested parties can find a
list of antidumping duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: December 8, 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 Orders
The merchandise covered by these orders, 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 these orders is properly classified
under subheadings 5401.10.0000, 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.
[FR Doc. 2021-27003 Filed 12-13-21; 8:45 am]
BILLING CODE 3510-DS-P
