[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