[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Notices]
[Page 16843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08133]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-885, A-570-097]


Polyester Textured Yarn From India and the People's Republic of 
China: Postponement of Preliminary Determinations in the Less-Than-
Fair-Value Investigations

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

DATES: Applicable April 23, 2019.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik at (202) 482-6905 
(People's Republic of China (China)); Katherine Johnson at (202) 482-
4929 (India), AD/CVD Operations, VIII, 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 less-than-fair-value (LTFV) investigations of imports of 
polyester textured yarn (yarn) from India and China.\1\ Commerce 
exercised its discretion to toll all deadlines affected by the partial 
federal government closure from December 22, 2018, through the 
resumption of operations on January 29, 2019.\2\ Currently, the 
preliminary determinations of these LTFV investigations are due no 
later than May 6, 2019.
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    \1\ See Polyester Textured Yarn from India and the People's 
Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 83 FR 58223 (November 19, 2018) (Initiation Notice).
    \2\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in these LTFV investigations 
affected by the partial federal government closure have been 
extended by 40 days. If the new deadline falls on a non-business 
day, in accordance with Commerce's practice, the deadline will 
become the next business day.
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Postponement of Preliminary Determinations

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating and determines that (i) the investigation is 
extraordinarily complicated, and that (ii) additional time is necessary 
to make a preliminary determination. Under 19 CFR 351.205(e), the 
petitioner 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.
    On March 29, 2019, the petitioners \3\ submitted a timely request 
that Commerce postpone the preliminary determinations in these LTFV 
investigations.\4\ The petitioners stated that they requested 
postponement to allow Commerce time to gather all data and 
questionnaire responses and to allow Commerce and interested parties 
time to fully and properly analyze all record evidence.\5\
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    \3\ The petitioners are Unifi Manufacturing, Inc. and Nan Ya 
Plastics Corporation, America.
    \4\ See the Petitioners' Letter, ``Polyester Textured Yarn from 
China and India--Petitioners' Request to Extend the Preliminary 
Antidumping Duty Determinations,'' dated March 29, 2019.
    \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, Commerce is postponing the deadline for the 
preliminary determinations by 50 days (i.e., 190 days after the date on 
which these investigations were initiated, plus the 40 tolling days), 
in accordance with section 733(c)(1)(A) of the Act. As a result, 
Commerce will issue its preliminary determinations no later than June 
25, 2019. In accordance with section 735(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, unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: April 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-08133 Filed 4-22-19; 8:45 am]
 BILLING CODE 3510-DS-P