[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27240-27241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12404]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-886]
Polyester Textured Yarn From India: Amended Preliminary
Determination of Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the
preliminary determination in the countervailing duty investigation of
polyester textured yarn from India to correct a significant ministerial
error.
DATES: Applicable June 12, 2019.
FOR FURTHER INFORMATION CONTACT: Janae Martin or Jesus Saenz, AD/CVD
[[Page 27241]]
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC, 20230; telephone: (202) 482-0238 or (202)
482-8184, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 3, 2019, Commerce published in the Federal Register the
Preliminary Determination,\1\ and completed the disclosure of all
calculation materials to interested parties. From May 6 through May 13,
2019, the petitioners,\2\ JBF Industries Limited (JBF), and Sanathan
Textile Private Limited, India (Sanathan) timely filed ministerial
error allegations regarding the Preliminary Determination.\3\
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\1\ See Polyester Textured Yarn from India: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With Final Antidumping Duty Determination, 84 FR
19036 (May 3, 2019) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
\2\ The petitioners in this investigation are Unifi
Manufacturing, Inc. and Nan Ya Plastics Corporation, America.
\3\ See Petitioners' letter, ``Countervailing Duty Investigation
of Polyester Textured Yarn from India--Petitioners' Ministerial
Error Allegation Concerning the Preliminary Subsidy Calculation for
JBF Industries,'' dated May 6, 2019 (Petitioners' Clerical Error
Comments); JBF's letter, ``CVD Investigation of Polyester Textured
Yarn from India: Comments on Significant Ministerial Errors Found in
Preliminary Determination Calculation for JBF,'' dated May 6, 2019
(JBF's Clerical Error Comments); Petitioners' letter,
``Countervailing Duty Investigation of Polyester Textured Yarn from
India: Petitioners' Ministerial Error Allegation Concerning the
Department's Preliminary All-Others Rate Calculation,'' dated May 7,
2019 (Petitioners' All-Others Rate Clerical Error Comments);
Sanathan's letter, ``Certain Polyester Textured Yarn from India (C-
533-886): Ministerial Error Allegation Concerning the Preliminary
Subsidy Rate Calculation for All Others,'' dated May 7, 2019
(Sanathan's Clerical Error Comments). On May 13, 2019, Sanathan also
submitted rebuttal comments, however, pursuant to 19 CFR
351.224(c)(3), Commerce will not consider replies to comments in
connection with a preliminary determination.
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Period of Investigation
The period of investigation (POI) is April 1, 2017 through March
31, 2018.
Scope of Investigation
The product covered by this investigation is polyester textured
yarn from India. For a complete description of the scope of this
investigation, see the Appendix to this notice.
Analysis of Significant Ministerial Error Allegations
Commerce will analyze any comments received and, if appropriate,
correct any significant ministerial error by amending the preliminary
determination according to 19 CFR 351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \4\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) A change of at least five absolute percentage points in,
but not less than 25 percent of, the countervailing duty rate
calculated in the original preliminary determination; or (2) a
difference between a countervailing duty rate of zero (or de minimis)
and a countervailing duty rate greater than de minimis, or vice
versa.\5\
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\4\ See section 735(e) of the Tariff Act of 1930, as amended
(the Act).
\5\ See 19 CFR 351.224(g).
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Amended Preliminary Determination
Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the
Preliminary Determination to reflect the correction of a ministerial
error made in the calculation of the estimated weighted-average all-
others countervailable subsidy rate. This error is a significant
ministerial error within the meaning of 19 CFR 351.224(g) because the
all-other's rate decreases from 13.82 percent to 7.24 percent as a
result of correcting this ministerial error, exceeding the specified
threshold, i.e., a change of at least five absolute percentage points
in, but not less than 25 percent of, the countervailable subsidy rate
calculated in the original Preliminary Determination.\6\
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\6\ See Memorandum, ``Countervailing Duty Investigation of
Polyester Textured Yarn from India: Allegations of Significant
Ministerial Errors in the Preliminary Determination,'' dated
concurrently with this notice.
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Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination. Because these amended rates result in
decreased cash deposits, the amended rate for the all-others rate will
be effective retroactively to May 3, 2019, the date of publication of
the Preliminary Determination. Parties will be notified of this
determination, in accordance with section 733(d) and (f) of the Act.
Amended Preliminary Determination
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Weighted-
Exporter/producer average
margin
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All-Others................................................. 7.24
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of the notice of amended
preliminary determination in the Federal Register in accordance with 19
CFR 351.224(b).
International Trade Commission Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission of our amended preliminary
determination.
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: June 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation, polyester
textured yarn, is synthetic multifilament yarn that is manufactured
from polyester (polyethylene terephthalate). Polyester textured yarn
is produced through a texturing process, which imparts special
properties to the filaments of the yarn, including stretch, bulk,
strength, moisture absorption, insulation, and the appearance of a
natural fiber. This scope includes all forms of polyester textured
yarn, regardless of surface texture or appearance, yarn density and
thickness (as measured in denier), number of filaments, number of
plies, finish (luster), cross section, color, dye method, texturing
method, or packing method (such as spindles, tubes, or beams).
Excluded from the scope of this investigation is bulk continuous
filament yarn that: (a) Is polyester synthetic multifilament yarn;
(b) has denier size ranges of 900 and above; (c) has turns per meter
of 40 and above; and (d) has a maximum shrinkage of 2.5 percent.
The merchandise subject to this investigation is properly
classified under subheadings 5402.33.3000 and 5402.33.6000 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the investigation
is dispositive.
[FR Doc. 2019-12404 Filed 6-11-19; 8:45 am]
BILLING CODE 3510-DS-P