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