[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74688-74690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25856]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-875]


Fine Denier Polyester Staple Fiber From India: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily assigned 
Reliance Industries Limited (RIL), the sole respondent subject to this 
antidumping duty (AD) administrative review, an AD margin based upon 
the application of total adverse facts available (AFA). We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, 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) 482-4031.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2019, Commerce published a notice initiating an AD 
administrative review of fine denier polyester staple fiber (fine 
denier PSF) from India covering Reliance Industries Limited (RIL) for 
the period of review January 5, 2018 through June 30, 2019.\1\ During 
the course of this administrative review, Commerce issued, and RIL 
submitted responses to, a questionnaire and multiple supplemental 
questionnaires. The petitioners \2\ filed multiple comments on RIL's 
responses. For further details, see the Preliminary Decision 
Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242 (September 9, 2019).
    \2\ The petitioners are DAK Americas LLC, Nan Ya Plastics 
Corporation, America, and Auriga Polymers Inc. (the petitioners).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Antidumping Duty Administrative Review of Fine Denier 
Polyester Staple Fiber from India; 2018-2019,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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    On March 18, 2020, Commerce extended the deadline for issuing the 
preliminary results of this review from to April 1, 2020 to July 30, 
2020.\4\ On April 24, 2020, and July 21, 2020, Commerce tolled all 
deadlines in administrative reviews by 50 days and 60 days, 
respectively, thereby extending the deadline for these preliminary 
results until November 17, 2020.\5\
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    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Fine Denier Polyester Staple Fiber from India: Extension of Deadline 
for Preliminary Results of Antidumping Duty Administrative Review,'' 
dated March 18, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020; see 
also Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.

Scope of the Order

    The product covered by this review is fine denier polyester staple 
fiber from India. For a complete description of the scope, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Pursuant 
to sections 776(a) and (b) of the Act, Commerce has preliminarily 
assigned RIL an AD margin of 21.43 percent, as total AFA, because it 
withheld information requested for reconciliation purposes, did not 
provide accurate control numbers as requested by Commerce and in 
conformity with Commerce's instructions, and did not provide 
information requested regarding companies owned by family members. The 
total AFA rate of 21.43 percent is

[[Page 74689]]

the AFA rate applied in the final determination of the investigation of 
fine denier PSF. For details regarding this determination, see the 
Preliminary Decision Memorandum. A list of the topics included in the 
Preliminary Decision Memorandum is included as an appendix to this 
notice. The Preliminary Decision Memorandum is a public document and is 
available via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. 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.

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                           Estimated       Cash deposit
                                           weighted-      rate adjusted
           Exporter/producer            average dumping    for subsidy
                                             margin           offset
                                           (percent)        (percent)
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Reliance Industries Limited...........           21.43            14.48
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Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to the Assistant Secretary for Enforcement and Compliance 
no later than 30 days after the date of publication of this notice, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\6\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are requested to submit 
with each brief: (1) A statement of the issue, (2) a brief summary of 
the argument, and (3) a table of authorities.\7\ Executive summaries 
should be limited to five pages total, including footnotes.\8\ Case and 
rebuttal briefs should be filed using ACCESS.\9\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information.\10\
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    \6\ See 19 CFR 351.309(d)(1).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ Id.
    \9\ See 19 CFR 351.303.
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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    Pursuant to 19 CFR 351.310(c), any interested party who wants to 
request a hearing, must submit a written request for a hearing to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS, within 30 days after the date of publication 
of this notice in the Federal Register. Requests for a hearing should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of hearing participants; and (3) a list of the issues to be 
discussed in the hearing. Issues raised in the hearing will be limited 
to those raised in the respective case and rebuttal briefs. If a 
hearing is requested, Commerce will notify interested parties of the 
hearing date and time.
    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\11\
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    \11\ See section 751(a)(3)(A) of the Act; and 19 CFR 
351.213(h)(1).
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Assessment Rates

    Upon issuance of the final results of review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\12\ The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.\13\ We intend to issue liquidation instructions to 
CBP 15 days after publication of the final results of this review.
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    \12\ See 19 CFR 351.212(b).
    \13\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of fine denier PSF from India entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice of the final results of this administrative review, as provided 
for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for 
RIL will be equal to the weighted-average dumping margin established in 
the final results of this review (except, if the weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), no cash deposit will be required); (2) for merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the manufacturer 
or exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the less-than-fair-value investigation, 
but the manufacturer is, the cash deposit rate will be the rate 
established in the most recently completed segment of the proceeding 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 14.67 
percent ad valorem, the all-others rate established in the less-than-
fair-value investigation, adjusted for subsidy offsets.\14\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ See Fine Denier Polyester Staple Fiber from India: Final 
Affirmative Antidumping Determination of Sales at Less Than Fair 
Value, 83 FR 24737 (May 30, 2018).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    These preliminary results of administrative review are issued and 
published in accordance with sections

[[Page 74690]]

751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: November 17, 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. Application of Facts Available and Use of Adverse Inferences
V. Recommendation

[FR Doc. 2020-25856 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P