[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Pages 1301-1302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00245]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-098, C-533-886]


Polyester Textured Yarn From the People's Republic of China and 
India: Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing countervailing duty orders on polyester textured 
yarn from the People's Republic of China (China) and India.

DATES: Applicable January 10, 2020.

FOR FURTHER INFORMATION CONTACT: Janae Martin (India) or Joseph Dowling 
(China), 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) 482-0238 
or (202) 482-1646, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 19, 2019, Commerce published its final determinations 
in the countervailing duty investigations of polyester textured yarn 
from China and India.\1\
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    \1\ See Polyester Textured Yarn from the People's Republic of 
China: Final Affirmative Countervailing Duty Determination and Final 
Affirmative Determination of Critical Circumstances, 84 FR 63845 
(November 19, 2019), and accompanying Issues and Decision Memorandum 
(IDM); see also Polyester Textured Yarn from India: Final 
Affirmative Countervailing Duty Determination, 84 FR 63848 (November 
19, 2019) and accompanying IDM (collectively, Final Determinations).
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    On January 3, 2020, the ITC notified Commerce of its final 
affirmative determinations pursuant to sections 705(b)(1)(A)(i) and 
705(d) of the Act that an industry in the United States is materially 
injured by reason of subsidized imports of polyester textured yarn from 
China and India, and of its determination that critical circumstances 
do not exist with respect to imports of polyester textured yarn from 
China.\2\
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    \2\ See ITC Notification Letter, Investigation Nos. 701-TA-612-
613 and 731-TA-1429-1430 (January 3, 2020) (ITC Notification).
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Scope of the Orders

    The product covered by these orders is polyester textured yarn from 
China and India. For a complete description of the scope of these 
orders, see the Appendix to this notice.

Countervailing Duty Orders

    On January 3, 2020, in accordance with sections 705(b)(1)(A)(i) and 
705(d) of the Act, the ITC notified Commerce of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
subsidized imports of polyester textured yarn from China and India. In 
accordance with section 705(c)(2) Act, we are publishing these 
countervailing duty orders.
    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, countervailing duties on unliquidated 
entries of polyester textured yarn from China and India entered, or 
withdrawn from warehouse, for consumption on or after May 3, 2019, the 
date on which Commerce published its preliminary countervailing duty 
determinations in the Federal Register,\3\ and before August 31, 2019, 
the effective date on which Commerce instructed CBP to discontinue the 
suspension of liquidation in accordance with section 703(d) of the Act. 
Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Therefore, entries of polyester 
textured yarn from China and India made on or after August 31, 2019, 
and prior to the date of publication of the ITC's final determination 
in the Federal Register, are not subject to the assessment of 
countervailing duties due to Commerce's discontinuation of the 
suspension of liquidation.
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    \3\ See Polyester Textured Yarn from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, 
and Alignment of Final Determination with Final Antidumping Duty 
Determination, 84 FR 19040 (May 3, 2019), and accompanying 
Preliminary Decision Memorandum (PDM); see also Polyester Textured 
Yarn from India: Preliminary Affirmative Countervailing Duty 
Determination, and Alignment of Final Determination with Final 
Antidumping Duty Determination, 84 FR 19036, and accompanying PDM 
(May 3, 2019) (collectively, Preliminary Determinations).

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[[Page 1302]]

Critical Circumstances

    With regards to the ITC's negative critical circumstances 
determination on imports of polyester textured yarn from China 
discussed above, we will instruct CBP to lift suspension and to refund 
any cash deposits made to secure the payment of estimated 
countervailing duties with respect to entries of polyester textured 
yarn from China, entered or withdrawn from warehouse, for consumption 
on or after February 2, 2019 (i.e., 90 days prior to the date of 
publication of the preliminary determination), but before May 3, 2019 
(i.e., the date of the publication of the preliminary determination for 
this investigation).

Suspension of Liquidation

    In accordance with section 706 of the Act, Commerce will direct CBP 
to reinstitute the suspension of liquidation of polyester textured yarn 
from China and India, effective the date of publication of the ITC's 
notice of final determinations in the Federal Register, and to assess, 
upon further instruction by Commerce pursuant to section 706(a)(1) of 
the Act, countervailing duties for each entry of the subject 
merchandise in an amount based on the net countervailable subsidy rates 
for the subject merchandise. On or after the date of publication of the 
ITC's final injury determinations in the Federal Register, CBP must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

------------------------------------------------------------------------
                                                           Subsidy rate
          Country                      Company               (percent)
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China.....................  Fujian Billion                         32.18
                             Polymerization Fiber
                             Technology Industrial Co.,
                             Ltd \4\.
                            Suzhou Shenghong Fiber Co.,           473.09
                             Ltd \5\.
                            Suzhou Shenghong Garmant              472.51
                             Development Co.
                            All Others..................           32.18
India.....................  JBF Industries Limited......           21.83
                            Reliance Industries Limited.            4.29
                            All Others..................            4.65
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Provisional Measures

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Therefore, entries of polyester 
textured yarn from China and India made on or after August 31, 2019, 
and prior to the date of publication of the ITC's final determination 
in the Federal Register, are not subject to the assessment of 
countervailing duties due to Commerce's discontinuation of the 
suspension of liquidation.
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    \4\ As discussed in the PDM, Commerce has found the following 
companies to be cross-owned with Fujian Billion: (1) Billion 
Development (Hong Kong) Limited, and (2) Billion Industrial 
Investment Limited.
    \5\ As discussed in the PDM, Commerce has found the following 
companies to be cross-owned with Suzhou Shenghong Fiber Co., Ltd.: 
(1) Jiangsu Zhonglu Technology Development Co., Ltd., (2) Jiangsu 
Guowang High-Technique Fiber Co., Ltd., (3) Jiangsu Shenghong 
Science and Technology Co., Ltd., (4) Jiangsu Honggang Petrochemical 
Co., Ltd., (5) Shenghong Group Co., Ltd., (6) Shenghong Holding 
Group, Co., Ltd., (7) Shenghong (Suzhou) Group Co., Ltd., (8) 
Jiangsu Shenghong Investment Development Co., Ltd., (9) Jiangsu 
Shenghong New Material Co., Ltd., and (10) Jiangsu Shenghong Textile 
Imp & Exp Co. and its successor Jiangsu Huahui Import and Export 
Co., Ltd.
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    In accordance with section 733(d) of the Act, Commerce instructed 
CBP to terminate the suspension of liquidation and to liquidate, 
without regard to CVD duties, unliquidated entries of polyester 
textured yarn from China and India entered, or withdrawn from 
warehouse, for consumption on or after August 31, 2019, the date on 
which the provisional CVD measures expired, through the day preceding 
the date of publication of the ITC final injury determinations in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC final injury determination in the Federal 
Register.

Notifications to Interested Parties

    This notice constitutes the countervailing duty orders with respect 
to polyester textured yarn from China and India pursuant to section 
706(a) of the Act. Interested parties can find a list of countervailing 
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: January 6, 2020.
Jeffrey I. Kessler,
Assistance Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by these orders, 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 these orders 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 these orders 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 
these orders may also enter under HTSUS subheading 5402.52.00.\6\ 
Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.
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    \6\ HTSUS subheading 5402.52 includes subheadings 5402.52.10.00 
and 5402.52.90.00.

[FR Doc. 2020-00245 Filed 1-9-20; 8:45 am]
 BILLING CODE 3510-DS-P