[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