Fine Denier Polyester Staple Fiber From India: Preliminary Results of Countervailing Duty Administrative Review; 2020, 12936-12937 [2022-04889]

Download as PDF 12936 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices weighted-average dumping margin of greater than de minimis or vice versa.3 Ministerial Error Allegation The petitioner timely alleged that Commerce made a significant ministerial error by adjusting MHTL’s total cost of manufacturing twice when applying natural gas and electricity factors to account for a particular market situation (PMS).4 After analyzing these allegations, we determine that we made a significant ministerial error in the Preliminary Determination with respect to our PMS adjustment of MHTL’s total cost of manufacturing.5 For a detailed discussion of the aforementioned ministerial error allegations, as well as Commerce’s analysis of these comments, see the Ministerial Error Memorandum. Pursuant to 19 CFR 351.224(g)(1), Commerce’s error in the application of the PMS factors is significant, because its correction results in a change of at least five absolute percentage points in, but not less than 25 percent of, the estimated weighted-average dumping margin calculated in the Preliminary Determination (i.e., a change from an estimated weighted-average dumping margin of 63.08 percent to 111.64 percent.) Therefore, we are correcting the ministerial error and amending our Preliminary Determination accordingly.6 lotter on DSK11XQN23PROD with NOTICES1 Amended Preliminary Determination We are amending the Preliminary Determination to reflect the correction of a significant ministerial error made in the margin calculation for MHTL in accordance with 19 CFR 351.224(e). In addition, because the preliminary ‘‘AllOthers’’ rate was based on the estimated weighted-average dumping margin calculated for MHTL, we are also amending the ‘‘All-Others’’ rate. As a result of the correction of the ministerial error, the revised estimated weightedaverage dumping margins are as follows: Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 773(d) of the Tariff Act of 1930, as amended (the Act). Because these amended rates result in increased cash deposit rates, they will be effective on the date of publication of this notice in the Federal Register. 17:25 Mar 07, 2022 Jkt 256001 Background Dated: March 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. On May 5, 2021, Commerce published a notice of initiation of an administrative review of the countervailing duty order on fine denier PSF from India with respect to Reliance.1 On November 5, 2021, Commerce postponed the preliminary results of this review by 90 days until March 1, 2022, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).2 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included at the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. [FR Doc. 2022–04887 Filed 3–7–22; 8:45 am] Scope of the Order BILLING CODE 3510–DS–P International Trade Administration The merchandise covered by the order is fine denier polyester staple fiber (fine denier PSF). For a complete description of the scope of the order, see the Preliminary Decision Memorandum. [C–533–876] Methodology International Trade Commission Notification In accordance with section 773(f) of the Act, we intend to notify the International Trade Commission of our amended preliminary determination. Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224. This amended preliminary determination is issued and published in accordance with sections 773(f) and 777(i) of the Act and 19 CFR 351.224(e). DEPARTMENT OF COMMERCE Fine Denier Polyester Staple Fiber From India: Preliminary Results of Countervailing Duty Administrative Review; 2020 Enforcement and Compliance, International Trade Administration, Estimated weighted- Department of Commerce. average SUMMARY: The Department of Commerce Exporter/producer dumping (Commerce) preliminarily determines margin that Reliance Industries Limited (percent) (Reliance), a producer/exporter of fine Methanol Holdings (Trinidad) Ltd 111.64 denier polyester staple fiber (fine denier All-Others .................................... 111.64 PSF) from India, received countervailable subsidies that are above de minimis during the period of review, 3 See 19 CFR 351.224(g)(1) and (2). January 1, 2020, through December 31, 4 See Ministerial Allegations at 2. 2020. 5 See Memorandum, ‘‘Preliminary Determination DATES: Applicable March 8, 2022. of Antidumping Duty Investigation on Urea Ammonium Nitrate Solutions from the Republic of FOR FURTHER INFORMATION CONTACT: Trinidad and Tobago: Allegation of Ministerial Thomas Hanna, AD/CVD Operations, Error,’’ dated concurrently with this notice Office IV, Enforcement and Compliance, (Ministerial Error Memorandum). 6 See Ministerial Error Memorandum. International Trade Administration, VerDate Sep<11>2014 U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0835. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 23925 (May 5, 2021) (Initiation Notice). 2 See Memorandum, ‘‘2020 Countervailing Duty Administrative Review of Fine Denier Polyester Staple Fiber from India: Extension of Deadline for Preliminary Results,’’ dated November 5, 2021. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2020 Administrative Review of the Countervailing Duty Order on Fine Denier Polyester Staple Fiber from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine the following net countervailable subsidy rate for the sole mandatory respondent, Reliance, for the period January 1, 2020, through December 31, 2020: Company Subsidy rate (percent ad valorem) Reliance Industries Limited ...... 5.82 Assessment Rate Consistent with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). lotter on DSK11XQN23PROD with NOTICES1 Cash Deposit Rate In accordance with section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount indicated above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all nonreviewed firms, Commerce will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or allothers rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice. Disclosure and Public Comment We will disclose to parties in this proceeding the calculations performed in reaching the preliminary results within five days of publication of these preliminary results in the Federal of the Act regarding benefit; and section 771(5)(A) of the Act regarding specificity. VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 Register.5 Interested parties may submit written comments (case briefs) on the preliminary results no later than 30 days from the date of publication of this Federal Register notice, and rebuttal comments (rebuttal briefs) within seven days after the time limit for filing case briefs.6 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.7 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.8 Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues addressed at the hearing will be limited to those raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined.9 Parties should confirm by telephone the date and time of the hearing two days before the scheduled date. Parties are reminded that all briefs and hearing requests are to be filed electronically using ACCESS and that electronically filed documents must be received successfully in their entirety by 5 p.m. Eastern Time on the due date. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.10 Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h), unless this deadline is extended. Notification to Interested Parties These preliminary results are issued and published in accordance with 5 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 CFR 351.303 (for general filing requirements). 7 See 19 CFR 351.309(c)(2) and 351.309(d)(2). 8 See 19 CFR 351.310(c). 9 Id. 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 6 See PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 12937 sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 19 CFR 351.221(b)(4). Dated: March 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Application of Adverse Inferences V. Subsidies Valuation Information VI. Analysis of Programs VII. Recommendation [FR Doc. 2022–04889 Filed 3–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Economic Surveys of Specific U.S. Commercial Fisheries The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on September 28, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: National Oceanic & Atmospheric Administration (NOAA), Commerce. Title: Economic Surveys of Specific US Commercial Fisheries. OMB Control Number: 0648–0773. Form Number(s): None. Type of Request: Regular submission [revision of a currently approved collection]. Number of Respondents: 1,655. Average Hours per Response: NWFSC: West Coast Limited Entry Groundfish Fixed Gear Fisheries Economic Data Collection: 3 hours. NWFSC: West Coast Open Access Groundfish, Non-tribal Salmon, Crab, E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12936-12937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04889]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-876]


Fine Denier Polyester Staple Fiber From India: Preliminary 
Results of Countervailing Duty Administrative Review; 2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Reliance Industries Limited (Reliance), a producer/exporter of 
fine denier polyester staple fiber (fine denier PSF) from India, 
received countervailable subsidies that are above de minimis during the 
period of review, January 1, 2020, through December 31, 2020.

DATES: Applicable March 8, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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) 482-0835.

SUPPLEMENTARY INFORMATION:

Background

    On May 5, 2021, Commerce published a notice of initiation of an 
administrative review of the countervailing duty order on fine denier 
PSF from India with respect to Reliance.\1\ On November 5, 2021, 
Commerce postponed the preliminary results of this review by 90 days 
until March 1, 2022, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 23925 (May 5, 2021) (Initiation 
Notice).
    \2\ See Memorandum, ``2020 Countervailing Duty Administrative 
Review of Fine Denier Polyester Staple Fiber from India: Extension 
of Deadline for Preliminary Results,'' dated November 5, 2021.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020 Administrative Review of the Countervailing Duty 
Order on Fine Denier Polyester Staple Fiber from India,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is fine denier polyester 
staple fiber (fine denier PSF). For a complete description of the scope 
of the order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Act. For each of the subsidy programs 
found countervailable, we preliminarily find that there is a subsidy, 
i.e., a government-provided financial contribution that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\4\ For a 
full description of the

[[Page 12937]]

methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5)(A) of the Act regarding specificity.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rate for the sole mandatory 
respondent, Reliance, for the period January 1, 2020, through December 
31, 2020:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                              (percent
                                                                  ad
                                                               valorem)
------------------------------------------------------------------------
Reliance Industries Limited................................         5.82
------------------------------------------------------------------------

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Rate

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amount indicated above with regard to 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this review. For all non-reviewed firms, Commerce will 
instruct CBP to continue to collect cash deposits of estimated 
countervailing duties at the most recent company-specific or all-others 
rate applicable to the company, as appropriate. These cash deposit 
instructions, when imposed, shall remain in effect until further 
notice.

Disclosure and Public Comment

    We will disclose to parties in this proceeding the calculations 
performed in reaching the preliminary results within five days of 
publication of these preliminary results in the Federal Register.\5\ 
Interested parties may submit written comments (case briefs) on the 
preliminary results no later than 30 days from the date of publication 
of this Federal Register notice, and rebuttal comments (rebuttal 
briefs) within seven days after the time limit for filing case 
briefs.\6\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\7\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \7\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\8\ Hearing requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined.\9\ Parties should confirm 
by telephone the date and time of the hearing two days before the 
scheduled date.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
    \9\ Id.
---------------------------------------------------------------------------

    Parties are reminded that all briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\10\
---------------------------------------------------------------------------

    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h), unless this deadline is extended.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 
and 19 CFR 351.221(b)(4).

    Dated: March 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse 
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation

 [FR Doc. 2022-04889 Filed 3-7-22; 8:45 am]
 BILLING CODE 3510-DS-P