[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1062-1063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00751]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-098, C-533-886]
Polyester Textured Yarn From India and the People's Republic of
China: Postponement of Preliminary Determinations in the Countervailing
Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 1, 2019.
FOR FURTHER INFORMATION CONTACT: Joseph Dowling at (202) 482-1646
(China); Janae Martin at (202) 482-0238 (India), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2018, the Department of Commerce (Commerce)
initiated countervailing duty (CVD) investigations of imports of
polyester textured yarn from India and the People's Republic of China
(China).\1\ Currently, the preliminary determinations are due no later
than January 11, 2018.
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\1\ See Polyester Textured Yarm from India and the People's
Republic of China: Initiation of Countervailing Duty Investigations,
83 FR 58232 (November 19, 2018).
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[[Page 1063]]
Postponement of Preliminary Determinations
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a CVD
investigation within 65 days after the date on which Commerce initiated
the investigation. However, section 703(c)(1) of the Act permits
Commerce to postpone the preliminary determination until no later than
130 days after the date on which Commerce initiated the investigation
if: (A) the petitioners \2\ makes a timely request for a postponement;
or (B) Commerce concludes that the parties concerned are cooperating,
that the investigation is extraordinarily complicated, and that
additional time is necessary to make a preliminary determination. Under
19 CFR 351.205(e), the petitioners must submit a request for
postponement 25 days or more before the scheduled date of the
preliminary determination and must state the reasons for the request.
Commerce will grant the request unless it finds compelling reasons to
deny the request.
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\2\ The petitioners are Unifi Manufacturing, Inc. and Nan Ya
Plastics Corporation, America.
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On December 10, 2018, the petitioners submitted timely requests
that Commerce postpone the preliminary CVD determinations.\3\ The
petitioners stated that they request postponement of the preliminary
determinations because Commerce requires additional time to select
mandatory respondents and collect and analyze the questionnaire
responses.\4\ Furthermore, additional time will permit the petitioners
to review the data submitted by the mandatory respondents selected, as
well as the Governments of China and India, and for Commerce to issue
supplemental questionnaires and gather additional or clarifying
information, as necessary.\5\
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\3\ See the petitioners' letter, ``Countervailing Duty
Investigation of Polyester Textured Yarn from China--Petitioners'
Request to Postpone Preliminary Determination,'' dated December 10,
2018 (China Postponement Letter); and the petitioners' letter,
``Countervailing Duty Investigation of Polyester Textured Yarn from
India--Petitioners' Request to Postpone Preliminary Determination,''
dated December 10, 2018 (India Postponement Letter).
\4\ See China Postponement Letter at 2; India Postponement
Letter at 2.
\5\ Id.
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In accordance with 19 CFR 351.205(e), the petitioners have stated
the reasons for requesting a postponement of the preliminary
determinations, and Commerce finds no compelling reason to deny the
request. Therefore, in accordance with section 703(c)(1)(A) of the Act,
Commerce is postponing the deadline for the preliminary determinations
to no later than 130 days after the date on which these investigations
were initiated, i.e., to March 18, 2019.\6\ Pursuant to section
705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the
final determinations of these investigations will continue to be 75
days after the date of the preliminary determinations.
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\6\ Postponing the preliminary determinations to 130 days after
the date of initiation of these investigations would place the
deadline on Sunday, March 17, 2019. Commerce's practice dictates
that where a deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: December 21, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2019-00751 Filed 1-31-19; 8:45 am]
BILLING CODE 3510-DS-P