Polyester Textured Yarn From Indonesia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Order, 88725-88726 [2024-25963]

Download as PDF Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. DEPARTMENT OF COMMERCE International Trade Administration Final Results of Expedited Sunset Review [A–560–838] Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail are up to 119.02 percent. Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely 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 violation which is subject to sanction. Notification to Interested Parties We are issuing, and publishing notice of, the results of this sunset review in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 351.221(c)(5)(ii). Dated: November 4, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum ddrumheller on DSK120RN23PROD with NOTICES1 I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins of Dumping Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2024–26024 Filed 11–7–24; 8:45 am] BILLING CODE 3510–DS–P Polyester Textured Yarn From Indonesia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 11, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in PT. Asia Pacific Fibers Tbk. v. United States and Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, Court no. 22– 00007, sustaining the U.S. Department of Commerce’s (Commerce) remand determination pertaining to the lessthan-fair-value (LTFV) investigation on Polyester Textured Yarn from Indonesia covering the period October 1, 2019, through September 30, 2020. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in the investigation, and Commerce is amending the final determination and the resulting AD order with respect to the dumping margins assigned to PT. Asia Pacific Fibers Tbk (Asia Pacific) and all other producers and exporters of subject merchandise. DATES: Applicable October 21, 2024. FOR FURTHER INFORMATION CONTACT: 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) 482–0697. SUPPLEMENTARY INFORMATION: AGENCY: 17:38 Nov 07, 2024 Jkt 265001 AD order on polyester textured yarn from Indonesia.2 Asia Pacific appealed Commerce’s Final Determination. On December 12, 2023, the CIT remanded the Final Determination.3 Specifically, the CIT remanded to Commerce to prepare a verification report and to provide Asia Pacific a reasonable opportunity to place information on the record addressing any deficiencies found by Commerce in the respondent’s verification questionnaire responses and all parties the opportunity to file case briefs.4 In its final remand redetermination, issued August 8, 2024, Commerce reconsidered its Final Determination, determining that AFA was no longer warranted for Asia Pacific and recalculated the estimated weightedaverage dumping margin for Asia Pacific.5 The CIT sustained Commerce’s final redetermination.6 Asia Pacific’s dumping margin is now 9.20 percent. Consequently, the dumping margin applicable to all other companies has changed and is now 8.72 percent. Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s October 11, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination and Order. Thus, this notice is published in fulfillment of the publication requirements of Timken. Background On October 25, 2021, Commerce published its Final Determination in the LTFV investigation of Polyester Textured Yarn from Indonesia.1 Commerce concluded that Asia Pacific failed to cooperate to the best of its ability and thus determined the use of an adverse inference in selecting from among the facts available (AFA) was warranted in determining the rate for Asia Pacific. Commerce subsequently published in the Federal Register the 1 See Polyester Textured Yarn from Indonesia: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 58875 (October 25, 2021) (Final Determination), and accompanying Issues and Decision Memorandum. VerDate Sep<11>2014 88725 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 2 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 86 FR 71031 (December 14, 2021) (Order). 3 See PT. Asia Pac. Fibers TBK v. United States, 673 F. Supp. 3d 1320 (CIT 2023). 4 Id., 673 F. Supp. 3d at 1333. 5 See Final Results of Redetermination Pursuant to Court Remand, PT. Asia Pacific Fibers TBK v. United States, 673 F. Supp. 3d 1320 (CIT 2023), dated August 8, 2024 (Final Remand), at 6, available at https://access.trade.gov/public/ FinalRemandRedetermination.aspx. 6 See PT. Asia Pac. Fibers TBK v. United States, No. 22–00007, Slip Op. 24–113 (CIT October 11, 2024). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\08NON1.SGM 08NON1 88726 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices Notification to Interested Parties Amended Final Determination and Order Because there is now a final court judgment, Commerce is amending its Final Determination and Order to revise the dumping margins assigned to Asia Pacific and all other producers and exporters of subject merchandise, as follows: This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: November 4, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–25963 Filed 11–7–24; 8:45 am] BILLING CODE 3510–DS–P Producer or exporter Weightedaverage dumping margin (percent) PT. Asia Pacific Fibers Tbk .. All Others .............................. 9.20 8.72 Cash Deposit Requirements Because Asia Pacific does not have a superseding cash deposit rate, i.e., there have been no final results published in a subsequent review of Asia Pacific, and because of the change to the rate assigned to all other producers and exporters of subject merchandise, Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). ddrumheller on DSK120RN23PROD with NOTICES1 Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced or exported by Asia Pacific, that were subject of Commerce’s Final Determination, and subject to the Order, and that were entered, or withdrawn from warehouse, for consumption during the periods of June 3, 2021 through November 29, 2021 and December 13, 2021 through November 30, 2022. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise produced by or exported by Asia Pacific in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this investigation when the importer-specific ad valorem assessment rate is not zero or de minimis. Where an importerspecific ad valorem assessment rate is zero or de minimis,9 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. 9 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–916] Laminated Woven Sacks From the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on laminated woven sacks (LWS) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable November 8, 2024. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2953. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 7, 2008, Commerce published the AD order on LWS from China.1 On July 1, 2024, Commerce published the notice of initiation of the five-year sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On July 12, 2024, Commerce received a notice of intent to participate in this review from the Laminated Woven Sacks Fair Trade Coalition and its individual members, Polytex Fibers LLC and ProAmpac Holdings Inc. (collectively, domestic interested parties), within the deadline specified 1 See Notice of Antidumping Order: Laminated Woven Sacks from the People’s Republic of China, 73 FR 14772 (August 7, 2008) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 89 FR 54435 (July 1, 2024). PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act as manufacturers of domestic like product in the United States, and under sections 771(9)(E) and (F) of the Act as a trade association, a majority of whose members are producers of a domestic like product in the United States. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.4 The deadline for these final results is November 5, 2024. On July 31, 2024, the domestic interested parties provided a timely substantive response for this review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 We received no substantive responses from any other interested parties, nor was a hearing requested. On August 21, 2024, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order The merchandise subject to this Order is LWS. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.7 Analysis of Comments Received All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the order were revoked, are addressed in the accompanying Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty 3 See Domestic Interested Parties’ Letter, ‘‘Notice of Intent to Participate,’’ dated July 12, 2024. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 5 See Petitioner’s Letter, ‘‘Domestic Interested Parties Substantive Response,’’ dated July 31, 2024 (Substantive Response). 6 See Commerce’s Letter, ‘‘Sunset Reviews for July 2024,’’ dated August 21, 2024. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Review of the Antidumping Duty Order on Laminated Woven Sacks from the People’s Republic of China’’ (Issues and Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88725-88726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25963]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-838]


Polyester Textured Yarn From Indonesia: Notice of Court Decision 
Not in Harmony With the Final Determination of Antidumping 
Investigation; Notice of Amended Final Determination; Notice of Amended 
Order

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

SUMMARY: On October 11, 2024, the U.S. Court of International Trade 
(CIT) issued its final judgment in PT. Asia Pacific Fibers Tbk. v. 
United States and Unifi Manufacturing, Inc. and Nan Ya Plastics 
Corporation, Court no. 22-00007, sustaining the U.S. Department of 
Commerce's (Commerce) remand determination pertaining to the less-than-
fair-value (LTFV) investigation on Polyester Textured Yarn from 
Indonesia covering the period October 1, 2019, through September 30, 
2020. Commerce is notifying the public that the CIT's final judgment is 
not in harmony with Commerce's final determination in the 
investigation, and Commerce is amending the final determination and the 
resulting AD order with respect to the dumping margins assigned to PT. 
Asia Pacific Fibers Tbk (Asia Pacific) and all other producers and 
exporters of subject merchandise.

DATES: Applicable October 21, 2024.

FOR FURTHER INFORMATION CONTACT: 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) 482-0697.

SUPPLEMENTARY INFORMATION:

Background

    On October 25, 2021, Commerce published its Final Determination in 
the LTFV investigation of Polyester Textured Yarn from Indonesia.\1\ 
Commerce concluded that Asia Pacific failed to cooperate to the best of 
its ability and thus determined the use of an adverse inference in 
selecting from among the facts available (AFA) was warranted in 
determining the rate for Asia Pacific. Commerce subsequently published 
in the Federal Register the AD order on polyester textured yarn from 
Indonesia.\2\
---------------------------------------------------------------------------

    \1\ See Polyester Textured Yarn from Indonesia: Final 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
58875 (October 25, 2021) (Final Determination), and accompanying 
Issues and Decision Memorandum.
    \2\ See Polyester Textured Yarn from Indonesia, Malaysia, 
Thailand, and the Socialist Republic of Vietnam: Antidumping Duty 
Orders, 86 FR 71031 (December 14, 2021) (Order).
---------------------------------------------------------------------------

    Asia Pacific appealed Commerce's Final Determination. On December 
12, 2023, the CIT remanded the Final Determination.\3\ Specifically, 
the CIT remanded to Commerce to prepare a verification report and to 
provide Asia Pacific a reasonable opportunity to place information on 
the record addressing any deficiencies found by Commerce in the 
respondent's verification questionnaire responses and all parties the 
opportunity to file case briefs.\4\
---------------------------------------------------------------------------

    \3\ See PT. Asia Pac. Fibers TBK v. United States, 673 F. Supp. 
3d 1320 (CIT 2023).
    \4\ Id., 673 F. Supp. 3d at 1333.
---------------------------------------------------------------------------

    In its final remand redetermination, issued August 8, 2024, 
Commerce reconsidered its Final Determination, determining that AFA was 
no longer warranted for Asia Pacific and recalculated the estimated 
weighted-average dumping margin for Asia Pacific.\5\ The CIT sustained 
Commerce's final redetermination.\6\ Asia Pacific's dumping margin is 
now 9.20 percent. Consequently, the dumping margin applicable to all 
other companies has changed and is now 8.72 percent.
---------------------------------------------------------------------------

    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, PT. Asia Pacific Fibers TBK v. United States, 673 F. Supp. 
3d 1320 (CIT 2023), dated August 8, 2024 (Final Remand), at 6, 
available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \6\ See PT. Asia Pac. Fibers TBK v. United States, No. 22-00007, 
Slip Op. 24-113 (CIT October 11, 2024).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's October 11, 
2024, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Determination and Order. Thus, this 
notice is published in fulfillment of the publication requirements of 
Timken.
---------------------------------------------------------------------------

    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

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[[Page 88726]]

Amended Final Determination and Order

    Because there is now a final court judgment, Commerce is amending 
its Final Determination and Order to revise the dumping margins 
assigned to Asia Pacific and all other producers and exporters of 
subject merchandise, as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
PT. Asia Pacific Fibers Tbk.............................            9.20
All Others..............................................            8.72
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Asia Pacific does not have a superseding cash deposit rate, 
i.e., there have been no final results published in a subsequent review 
of Asia Pacific, and because of the change to the rate assigned to all 
other producers and exporters of subject merchandise, Commerce will 
issue revised cash deposit instructions to U.S. Customs and Border 
Protection (CBP).

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced or exported by Asia Pacific, 
that were subject of Commerce's Final Determination, and subject to the 
Order, and that were entered, or withdrawn from warehouse, for 
consumption during the periods of June 3, 2021 through November 29, 
2021 and December 13, 2021 through November 30, 2022. These entries 
will remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise produced by or exported by Asia Pacific in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this 
investigation when the importer-specific ad valorem assessment rate is 
not zero or de minimis. Where an importer-specific ad valorem 
assessment rate is zero or de minimis,\9\ we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: November 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-25963 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-DS-P
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