[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86537-86538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28789]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-876]


Fine Denier Polyester Staple Fiber From India: Final Results of 
Countervailing Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that Reliance 
Industries Limited (Reliance) received countervailable subsidies that 
are above de minimis during the period of review, November 6, 2017 
through December 31, 2018.

DATES: Applicable December 30, 2020.

FOR FURTHER INFORMATION CONTACT: Ariela Garvett, 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) 482-3609.

SUPPLEMENTARY INFORMATION:

Background

    On April 3, 2020, Commerce published the Preliminary Results of 
this review.\1\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days.\2\ On July 21, 2020, Commerce tolled 
all deadlines in administrative reviews by an additional 60 days,\3\ 
thereby extending the deadline for these final results until November 
19, 2020. On November 5, 2020, Commerce postponed the final results of 
this review by 33 days until December 22, 2020.\4\
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    \1\ See Fine Denier Polyester Staple Fiber from the Republic of 
India: Preliminary Results of Countervailing Duty Administrative 
Review, 85 FR 18916 (April 3, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ 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.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``2017-2018 Countervailing Duty 
Administrative Review of Fine Denier Polyester Staple Fiber from 
India: Extension of Deadline for Final Results,'' dated November 5, 
2020.
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Scope of the Order

    The merchandise covered by this order is fine denier polyester 
staple fiber (fine denier PSF). For a complete description of the scope 
of this order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the interested parties' case and rebuttal 
briefs are addressed in the Issues and Decision Memorandum. A summary 
of the events that occurred since Commerce published the Preliminary 
Results, as well as a full discussion of the issues raised by parties 
for these final results, are discussed in the Issues and Decision 
Memorandum.\5\ 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 http://access.trade.gov. 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. A list of the 
issues raised by interested parties and responded to by Commerce in the 
Issues and Decision Memorandum, is provided in the Appendix to this 
notice.
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the 2017-2018 Countervailing Duty Administrative 
Review of Fine Denier Polyester Staple Fiber from India,'' dated 
concurrently, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found countervailable, we find 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.\6\
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    \6\ 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(5)(A) of the Act regarding specificity.
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    For a description of the methodology underlying Commerce's 
conclusions, see the Issues and Decision Memorandum.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties and record information, we made certain changes to the net 
subsidy rate calculated for Reliance. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Final Results of the Administrative Review

    In accordance with section 751(a)(1) of the Act and 19 CFR 
351.221(B)(5), we find the net countervailable subsidy rate for the 
period November 6, 2017 through December 31, 2018 to be as follows:

------------------------------------------------------------------------
                                                            Subsidy rate
                          Company                            (percent ad
                                                              valorem)
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Reliance Industries Limited...............................         4.44
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Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to U.S. Customs and Border Protection (CBP) 15 
days after the date of publication of these final results to liquidate 
shipments of subject merchandise. We will instruct CBP to liquidate 
shipments of subject merchandise produced and/or

[[Page 86538]]

exported by Reliance entered, or withdrawn from warehouse, for 
consumption on or after November 6, 2017 through December 31, 2018, at 
the ad valorem assessment rate listed above for Reliance.
    In accordance with section 751(a)(2)(C) of the Act, we intend also 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown above on 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 rates, when imposed, shall remain in effect until 
further notice.

Disclosure

    Commerce intends to disclose the calculations and analysis 
performed for these final results to interested parties within five 
days of the date of publication of this notice in the Federal 
Register.\7\
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    \7\ See 19 CFR 351.224(b).
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Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 315.305(A)(3). Timely written 
notification of the return/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

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse 
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Sales Value Denominators
    Comment 2: Whether To Apply Adverse Facts Available (AFA) To 
Export Sales Values
    Comment 3: Discount Rates
    Comment 4: Calculation of Duty Exemptions Under the Special 
Economic Zone (SEZ) Duty-Free Importation of Capital Goods and Raw 
Materials, Components, Consumables, Intermediates, Spare Parts, and 
Packing Materials Program and Export Promotion of Capital Goods 
Scheme (EPCGS)
    Comment 5: Application of AFA to the SEZ Duty-Free Importation 
of Capital Goods and Raw Materials, Components, Consumables, 
Intermediates, Spare Parts, and Packing Materials Program and EPCGS
    Comment 6: Land Benchmark
    Comment 7: Whether the SEZ Programs, Technology Upgradation Fund 
Scheme (TUFS), and Merchandise Export From India Scheme (MEIS) Are 
Countervailable
VIII. Recommendation

[FR Doc. 2020-28789 Filed 12-29-20; 8:45 am]
BILLING CODE 3510-DS-P