[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63843-63845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25085]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-885]


Polyester Textured Yarn From India: Final Determination of Sales 
at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports 
of polyester textured yarn (yarn) from India are being, or are likely 
to be, sold in the United States at less than fair value (LTFV).

DATES: Applicable November 19, 2019.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Michael Bowen, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 
or (202) 482-0768, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2019, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of yarn 
from India and invited parties to comment.\1\ A summary of the events 
that occurred since Commerce published the Preliminary Determination 
may be found in the Issues and Decision Memorandum.\2\
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    \1\ See Polyester Textured Yarn from India: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination and Extension of Provisional 
Measures, 84 FR 31301 (July 1, 2019) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Polyester Textured Yarn from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Period of Investigation

    The period of investigation is October 1, 2017 through September 
30, 2018.

Scope of the Investigation

    The product covered by this investigation is polyester textured 
yarn from India. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    During the course of this investigation and the concurrent 
countervailing duty (CVD) investigation of yarn from India, and 
concurrent antidumping duty (AD) and CVD investigations of yarn from 
the People's Republic of China, certain interested parties commented on 
the scope of the investigations as it appeared in the Initiation 
Notice.\3\ Commerce addressed these comments in the Preliminary 
Determination, wherein Commerce preliminarily modified the scope 
language as it appeared in the Initiation Notice to exclude bulk 
continuous filament yarn.\4\ No interested parties commented on the 
preliminary exclusion of bulk continuous filament yarn. Thus, we have 
made no changes to the scope language from the Preliminary 
Determination with regard to bulk continuous filament yarn.
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    \3\ See Polyester Textured Yarn from India and the People's 
Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 83 FR 58223, 58233 (November 19, 2018) (Initiation 
Notice).
    \4\ See Preliminary Determination, 84 FR at 31302.
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    In the Preliminary Determination, we also noted that on May 2, 
2019, the petitioners \5\ requested that Commerce include an additional 
Harmonized Tariff Schedule of the United States (HTSUS) subheading in 
the scope language.\6\ We stated our intent to address this request in 
the final determinations of this and the above-referenced concurrent 
investigations. Specifically, the petitioners requested that Commerce 
add HTSUS 5402.52.00 covering twisted yarn to the scope of the 
investigations.\7\ As no interested parties rebutted the petitioners' 
request to add this HTSUS subheading, and Commerce finds the 
petitioners' request is reasonable, we have revised the scope of the 
investigations to include HTSUS 5402.52.00. See Appendix I for the 
final scope of the investigation.
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    \5\ Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, 
America are collectively the petitioners.
    \6\ See Preliminary Determination, 84 FR at 31302.
    \7\ See the Petitioners' Comments, ``Request to Include HTSUS 
Subheading 5402.52 in the Scope of These Investigations, dated May 
2, 2019.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice at Appendix II.

Verification

    As provided for in section 782(i) of the Tariff Act of 1930, as 
amended (the Act), in July and August 2019, we conducted verification 
of the sales and cost information submitted by Reliance Industries 
Limited (Reliance) for use in our final determination. We used standard 
verification procedures, including an examination of relevant

[[Page 63844]]

accounting and production records, and original source documents 
provided by Reliance.\8\
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    \8\ For a discussion of our verification findings, see the 
following memoranda: ``Verification of the Cost Response of Reliance 
Industries Limited, (RIL) in the Antidumping Duty Investigation of 
Polyester Textured Yarn from India,'' dated September 9, 2019; and 
``Verification of the Sales Response of Reliance Industries Limited 
in the Antidumping Investigation of Polyester Textured Yarn from 
India,'' dated September 16, 2019.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Reliance. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.

Use of Adverse Facts Available

    The respondent JBF Industries Limited (JBF) failed to cooperate in 
this investigation. Therefore, in the Preliminary Determination, 
pursuant to sections 776(a) and (b) of the Act, Commerce assigned JBF a 
rate based on adverse facts available (AFA). There is no new 
information on the record that would cause us to revisit our 
determination to apply AFA to JBF. Accordingly, we continue to find 
that the application of AFA pursuant to sections 776(a) and (b) of the 
Act is warranted with respect to JBF. Commerce has assigned to JBF's 
exports of the subject merchandise the rate of 47.51 percent, which is 
Reliance's highest transaction-specific margin.\9\ Because this rate is 
not secondary information, but rather is based on information obtained 
in the course of the investigation, Commerce need not corroborate this 
rate pursuant to section 776(c) of the Act.
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    \9\ See Issues and Decision Memorandum.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. Commerce assigned a rate based entirely on facts available to JBF. 
Therefore, the only rate that is not zero, de minimis, or based 
entirely on facts otherwise available is the rate calculated for 
Reliance. Consequently, the rate calculated for Reliance is also 
assigned as the rate for all other producers and exporters.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                  Weighted-average    Cash deposit rate
     Exporter or producer          dumping margin       (adjusted for
                                     (percent)        subsidy offset(s))
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JBF Industries Limited........               47.51                43.38
Reliance Industries Limited...               17.62                13.49
All Others....................               17.62                13.14
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of yarn from India, as 
described in Appendix I of this notice, which are entered, or withdrawn 
from warehouse, for consumption on or after July 1, 2019, the date of 
publication in the Federal Register of the affirmative Preliminary 
Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the estimated weighted-average dumping 
margin as follows: (1) The cash deposit rate for the respondents listed 
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final determination; (2) if 
the exporter is not a respondent identified above but the producer is, 
then the cash deposit rate will be equal to the respondent-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension-of-liquidation 
instructions will remain in effect until further notice.
    In the event that a CVD order is issued, and suspension of 
liquidation is resumed in the companion CVD investigation on yarn from 
India, Commerce will instruct CBP to require cash deposits adjusted by 
the amount of export subsidies, as appropriate.\10\ These adjustments 
are reflected in the final column of the rate chart, above. Until such 
suspension of liquidation is resumed in the companion CVD 
investigation, and so long as suspension of liquidation continues under 
this AD investigation, the cash deposit rates for this AD investigation 
will be the rates identified in the estimated weighted-average dumping 
margin column in the rate chart, above.
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    \10\ See Memorandum, ``Calculation of Export Subsidy Adjustments 
for the Final Determination,'' dated November 13, 2019.
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of yarn no later than 45 days after this final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an AD order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

[[Page 63845]]

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely written notification of 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    Dated: November 13, 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 the 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). Merchandise 
subject to this investigation may also enter under HTSUS subheading 
5402.52.00. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
    Reliance
    1. Whether Adverse Facts Available (AFA) is Warranted for 
Reliance
    2. Affiliated Party Purchases
    3. Technical Services Adjustment
    4. Level of Trade (LOT) Adjustment
    5. Sales Made Outside the Ordinary Course of Trade
    JBF
    6. Whether AFA is Warranted for JBF
    7. Selection of the Appropriate AFA Rate for JBF
    8. Adjustment to Cash Deposit Rates for Export Subsidies
V. Recommendation

[FR Doc. 2019-25085 Filed 11-18-19; 8:45 am]
 BILLING CODE 3510-DS-P