[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26903-26905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10441]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-876]


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

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 (fine denier PSF) from India, 
received countervailable subsidies that are above de minimis during the 
period of review, January 1, 2019, through December 31, 2019.

DATES: Applicable May 18, 2021.

FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401

[[Page 26904]]

Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3609.

SUPPLEMENTARY INFORMATION:

Background

    On May 6, 2020, Commerce published a notice of initiation of an 
administrative review of the countervailing duty order on fine denier 
PSF from India with respect to Reliance.\1\ On July 21, 2020, Commerce 
tolled all deadlines in administrative reviews by 60 days,\2\ thereby 
extending the deadline for these preliminary results until February 1, 
2021.\3\ On January 6, 2021, Commerce postponed the preliminary results 
of this review by 95 days until May 5, 2021.\4\ On May 3, 2021, 
Commerce postponed the preliminary results of this review by an 
additional seven days until May 12, 2021.\5\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 26931 (May 6, 2020) (Initiation 
Notice) at 26935.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \3\ The actual deadline for completing the preliminary results 
was January 30, 2021. Because January 30, 2021 is a Saturday, the 
deadline moved to the next business day, February 1, 2021. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated January 6, 2021.
    \5\ See Memorandum, ``Second Extension of Deadline for 
Preliminary Results,'' dated May 3, 2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at 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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019 Administrative Review of the Countervailing Duty 
Order on Fine Denier Polyester Staple Fiber from India,'' dated 
concurrently, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

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

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 of the subsidy programs found countervailable, we 
preliminarily 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.\7\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
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    \7\ 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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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rate for the sole mandatory 
respondent, Reliance, for the period January 1, 2019, through December 
31, 2019:

------------------------------------------------------------------------
                                                            Subsidy rate
                          Company                              (percent
                                                             ad valorem)
------------------------------------------------------------------------
Reliance Industries Limited...............................         4.89
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Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
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 assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Rate

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
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

    We will disclose to parties in this proceeding the calculations 
performed in reaching the preliminary results within five days of 
publication of these preliminary results in the Federal Register.\8\ 
Interested parties may submit written comments (case briefs) on the 
preliminary results no later than 30 days from the date of publication 
of this Federal Register notice, and rebuttal comments (rebuttal 
briefs) within seven days after the time limit for filing case 
briefs.\9\ 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 the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\10\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \10\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\11\ Hearing 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. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined.\12\ Parties should confirm 
by telephone the date and time of the hearing two days before the 
scheduled date.
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    \11\ See 19 CFR 351.310(c).
    \12\ Id.
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    Parties are reminded that all briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business

[[Page 26905]]

proprietary information, until further notice.\13\
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    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h), unless this deadline is extended.

Notification to Interested Parties

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

    Dated: May 12, 2021.
Christian Marsh,
Acting 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. Use of Facts Otherwise Available and Application of Adverse 
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2021-10441 Filed 5-17-21; 8:45 am]
BILLING CODE 3510-DS-P