[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18916-18917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07046]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-876]


Fine Denier Polyester Staple Fiber From the Republic of India: 
Preliminary Results of Countervailing Duty Administrative Review

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Reliance Industries Limited (Reliance), a producer/exporter of 
fine denier polyester staple fiber (PSF) from the Republic of India 
(India) received countervailable subsidies during the period of review 
(POR) November 6, 2017 through December 31, 2018. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable April 3, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Dakota Potts, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 482-3586, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 13, 2019, Commerce published a notice of initiation of an 
administrative review of the countervailing duty order on PSF from 
India with respect to Reliance.\1\ On November 7, 2019, we extended the 
deadline for these preliminary results to March 31, 2020.\2\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\3\ A list of topics 
discussed in the Preliminary Decision Memorandum is included as the 
appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room 
B8024 of the main Commerce building. In addition, a complete version of 
the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation 
Notice).
    \2\ See Memorandum, ``2017-2018 Countervailing Duty 
Administrative Review of Fine Denier Polyester Staple Fiber from 
India: Extension of Deadline for Preliminary Results,'' dated 
November 7, 2019.
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of 2018 Countervailing Duty Administrative Review: Fine 
Denier Polyester Staple Fiber from India,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The merchandise covered by this order is fine denier PSF, not 
carded or combed, measuring less than 3.3 decitex (3 denier) in 
diameter. The scope covers all fine denier PSF, whether coated or

[[Page 18917]]

uncoated. The following products are excluded from the scope:
    (1) PSF equal to or greater than 3.3 decitex (more than 3 denier, 
inclusive) currently classifiable under HTSUS subheadings 5503.20.0045 
and 5503.20.0065.
    (2) Low-melt PSF defined as a bi-component polyester fiber having a 
polyester fiber component that melts at a lower temperature than the 
other polyester fiber component, which is currently classifiable under 
HTSUS subheading 5503.20.0015.
    Fine denier PSF is classifiable under the HTSUS subheading 
5503.20.0025. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each subsidy program found to be countervailable, Commerce 
preliminarily finds that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\4\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit, and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review

    As a result of this review, Commerce preliminarily finds that the 
net countervailable subsidy rate for the POR regarding Reliance is as 
follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                            (ad valorem)
------------------------------------------------------------------------
Reliance Industries Limited............................            4.26
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Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. Commerce intends to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, Commerce will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company-specific or all-others rate applicable to the 
company, as appropriate. These cash deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    Commerce will disclose to the parties in this proceeding the 
calculations performed in reaching these preliminary results within 
five days of the date this notice is published in the Federal 
Register.\5\ Interested parties may submit written arguments (case 
briefs) on these preliminary results within 30 days of publication of 
the preliminary results, and rebuttal arguments (rebuttal briefs) 
within seven days after the time limit for filing case briefs.\6\ 
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to 
issues raised in the case briefs. Parties who submit arguments are 
requested to submit with their argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\7\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until May 19, 2020, unless extended.\8\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c); see also 19 CFR 351.309(d); and 
351.303 (for general filing requirements).
    \7\ See 19 CFR 351.309(c)(2); see also 19 CFR 351.309(d)(2).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request within 30 days after 
the date of publication of this notice.\9\ Requests should contain (1) 
the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. If Commerce 
receives a request for a hearing, Commerce will inform parties of the 
schedule date for the hearing, which will be held at the main Commerce 
building at a time and location to be determined.\10\ Parties should 
confirm by telephone, the date, time, and location of the hearing.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310.
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    Parties are reminded that briefs and hearing requests must be filed 
electronically using ACCESS and received successfully in their entirety 
by 5:00 p.m. Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of Commerce's analysis of 
the issues raised by parties in their comments, within 120 days after 
publication of these preliminary results.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: March 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Discussion and Analysis of Programs
IX. Recommendation

[FR Doc. 2020-07046 Filed 4-2-20; 8:45 am]
BILLING CODE 3510-DS-P