[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Pages 1298-1300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00247]


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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: Amended Final Antidumping Duty Determination for India and 
Antidumping 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 antidumping duty orders on polyester textured yarn 
from India and the People's Republic of China (China). In addition, 
Commerce is amending its final affirmative determination with respect 
to India.

DATES: Applicable January 10, 2020.

FOR FURTHER INFORMATION CONTACT: Kate Johnson (India) or Irene Gorelik 
(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) 482-4929 
or (202) 482-6905, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 19, 2019, Commerce published its affirmative final 
determinations in the less-than-fair-value (LTFV) investigations of 
polyester textured yarn from India and China.\1\ Also on November 19, 
2019, Commerce received ministerial error allegations.\2\ See the 
``India Amended Final Determination'' section for further discussion. 
On January 3, 2020, the International Trade Commission (ITC) notified 
Commerce of its final determinations, pursuant to section 735(d), that 
an industry in the United States is materially injured within the 
meaning of section 735(b)(1)(A)(i) of the Tariff Act of 1930, as 
amended (the Act) by reason of LTFV imports of polyester textured yarn 
from India and China, and of its determination that critical 
circumstances do not exist with respect

[[Page 1299]]

to imports of polyester textured yarn from China.\3\
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    \1\ See Polyester Textured Yarn from India: Final Determination 
of Sales at Less Than Fair Value, 84 FR 63843 (November 19, 2019) 
(India Final); and Polyester Textured Yarn from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, and Final Affirmative Determination of Critical 
Circumstances, 84 FR 63850 (November 19, 2019).
    \2\ See Petitioner's Letter, ``Polyester Textured Yarn from 
India--Petitioners' Ministerial Error Comments Regarding the Final 
Determination,'' dated November 19, 2019; see also JBF's Letter 
``Antidumping Investigation of Polyester Textured Yarn from India 
(Case No. A-533-885)--JBF Industries Limited's Ministerial Error 
Comments for the Final Determination,'' dated November 19, 2019.
    \3\ See ITC Notification Letter, Investigation Nos. 701-TA-612-
613 and 731-TA-1429-1430 (Final), dated January 3, 2020 (ITC 
Notification).
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Scope of the Orders

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

Amendment to Final Determination

    A ministerial error is defined 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\
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    \4\ See section 735(e) of the Act; see also 19 CFR 351.224(f).
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India Amended Final Determination

    Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and 
(f), Commerce is amending the final determinations in the LTFV 
investigation of polyester textured yarn from India (India Final) to 
reflect the correction of a ministerial error in the final estimated 
weighted-average dumping margin calculated for Reliance Industries 
Limited (Reliance). In addition, because Reliance's estimated weighted-
average dumping margin is the basis for the estimated weighted-average 
dumping margin for JBF Industries Limited (JBF), as well as the 
estimated weighted-average dumping margin determined for all other 
Indian producers and exporters of subject merchandise, we also are 
revising JBF's estimated weighted-average dumping margin and the all-
others rate in the India Final.\5\
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    \5\ See infra, section on ``Estimated Weighted-Average Dumping 
Margins''; see also Memorandum, ``Less-Than-Fair-Value Investigation 
of Polyester Textured Yarn from India: Ministerial Error Allegations 
Regarding the Final Determination,'' dated December 9, 2019.
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Antidumping Duty Orders

    On January 3, 2020, in accordance with section 735(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 imports of polyester textured yarn 
from India and China.\6\ Therefore, in accordance with section 
735(c)(2) of the Act, Commerce is issuing these antidumping duty 
orders. Because the ITC determined that imports of polyester textured 
yarn from India and China are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from India and China, entered 
or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties.
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    \6\ See ITC Notification Letter; see also Polyester Textured 
Yarn from China and India (Inv. Nos. 701-TA-612-613 and 731-TA-1429-
1430 (Final), USITC Publication 5007, January 2020).
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of polyester textured yarn from India and China. With 
the exception of entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
affirmative injury determinations, as further described below, 
antidumping duties will be assessed on unliquidated entries of 
polyester textured yarn from India and China entered, or withdrawn from 
warehouse, for consumption, on or after July 1, 2019, the date of 
publication of the preliminary determinations.\7\
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    \7\ See China Preliminary Determination and 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) (India 
Preliminary Determination).
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Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of polyester textured yarn from India and China. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below, adjusted by the export subsidy offset. Given that the 
provisional measures period has expired, as explained below, effective 
on the date of publication in the Federal Register of the notice of the 
ITC's final affirmative injury determinations, CBP will require, at the 
same time as importers would normally deposit estimated duties on 
subject merchandise, a cash deposit equal to the rates noted below.\8\ 
The relevant all-others rate applies to all producers or exporters not 
specifically listed. The China-wide entity rate applies to all 
exporter-producer combinations not specifically listed.
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    \8\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of polyester textured yarn from India and China, Commerce extended the 
four-month period to six months in each of these investigations. 
Commerce published the preliminary determinations in these 
investigations on July 1, 2019.\9\
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    \9\ See China Preliminary Determination and India Preliminary 
Determination.
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    The extended provisional measures period, beginning on the date of 
publication of the preliminary determinations, ended on December 27, 
2019. Therefore, in accordance with section 733(d) of the Act and our 
practice,\10\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of polyester textured yarn from India and China 
entered, or withdrawn from warehouse, for consumption after December 
27, 2019, the final day on which the provisional measures were in 
effect, until and through the day preceding the date of publication of 
the ITC's final affirmative injury determinations in the Federal 
Register. Suspension of liquidation and the collection of cash deposits 
will resume on the date of publication of the ITC's final 
determinations in the Federal Register.
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    \10\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, India, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Critical Circumstances

    With regard 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 antidumping 
duties with respect to entries of polyester textured yarn from China, 
entered or withdrawn from warehouse, for consumption on or after April 
2, 2019 (i.e., 90 days prior to the date of

[[Page 1300]]

publication of the preliminary determination), but before July 1, 2019 
(i.e., the date of publication of the preliminary determination for 
this investigation).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average antidumping duty margin percentages 
are as follows:

                                  India
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                                             Estimated     Cash deposit
                                             weighted-    rate (adjusted
                                              average       for export
          Exporter or producer                dumping         subsidy
                                              margin        offset(s))
                                             (percent)       (percent)
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JBF Industries Limited..................           47.98           43.85
Reliance Industries Limited.............           17.98           13.85
All Others..............................           17.98           13.50
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                                                      China
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                                                                                                   Cash deposit
                                                                                     Estimated    rate (adjusted
                                                                                      dumping       for export
                   Producer                                 Exporter                  margin          subsidy
                                                                                     (percent)        offset)
                                                                                                     (percent)
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Jiangsu Hengli Chemical Fiber Co., Ltd........  Jiangsu Hengli Chemical Fiber              76.07           65.39
                                                 Co., Ltd.
                                                China-Wide Entity \11\..........           77.15           66.47
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    This notice constitutes the antidumping duty orders with respect to 
polyester textured yarn from India and China pursuant to section 736(a) 
of the Act. Interested parties can find a list of antidumping duty 
orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
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    \11\ The China-wide entity includes: (1) The single entity 
comprising Fujian Billion Polymerization Fiber Technology Industrial 
Co., Ltd. and its affiliate Fujian Baikai Textile Chemical Fiber 
Co., Ltd.; (2) Suzhou Shenghong Fiber Co., Ltd. (3) Fujian Zhengqi 
Hi-tech Fiber Technology Co., Ltd.; (4) Chori (China) Co., Ltd.; (5) 
Jinjiang Jinfu Chemical Fiber and Polymer Co., Ltd.; (6) Jiangsu 
Guowang High-Technique Fiber Co., Ltd.; and (7) Pujiang Fairy Home 
Textile Co., Ltd. The China-wide entity also includes 33 companies 
named in the Petition that did not respond to our request for 
quantity and value information, and two companies that submitted 
quantity and value data but did not submit separate rate 
applications.
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    This amended final determination and antidumping duty orders are 
published in accordance with sections 735(e) and 736(a) of the Act and 
19 CFR 351.224(e) and 19 CFR 351.211(b).

    Dated: January 6, 2020.
Jeffrey I. Kessler,
Assistant 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.\12\ 
Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.
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    \12\ HTSUS subheading 5402.52 includes subheadings 5402.52.10.00 
and 5402.52.90.00.

[FR Doc. 2020-00247 Filed 1-9-20; 8:45 am]
 BILLING CODE 3510-DS-P