[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29249-29251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11463]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-875]


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

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

SUMMARY: The Department of Commerce (Commerce) has continued to base 
the dumping margin for the sole respondent under review, Reliance 
Industries Limited (RIL), on total adverse facts available (AFA), 
pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act). The period of review (POR) is January 5, 2018 
through June 30, 2019.

DATES: Applicable June 1, 2021.

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

    Commerce (Commerce) published the preliminarily results of this 
administrative review on November 23, 2020.\1\ In response to 
Commerce's invitation to comment on the Preliminary Results, RIL filed 
comments \2\ and the petitioners \3\ filed rebuttal comments on 
December 30, 2020 and January 6, 2021, respectively.\4\ On March 16, 
2021, Commerce extended the deadline for issuing the final results of 
this review from March 23, 2021 to May 24, 2021.\5\
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    \1\ See Fine Denier Polyester Staple Fiber from India: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 74688 (November 23, 2020) (Preliminary Results).
    \2\ See RIL's Letter, ``Fine Denier Polyester Staple Fiber from 
India: Reliance Industries Limited's Case Brief,'' dated December 
30, 2020.
    \3\ Auriga Polymers Inc., DAK Americas LLC, and Nan Ya Plastics 
Corporation, America (collectively, the petitioners).
    \4\ See Petitioners' Letter, ``Fine Denier Polyester Staple 
Fiber from India: Petitioners' Rebuttal Brief,'' dated January 6, 
2021.
    \5\ See Memorandum, ``Fine Denier Polyester Staple Fiber from 
India: Extension of Deadline for Final Results of Antidumping Duty 
Administration Review,'' dated March 16, 2021.
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    Commerce conducted this administrative review in accordance with 
section 751(a) of the Act.

[[Page 29250]]

Scope of the Order

    The product covered by the scope of the antidumping duty order for 
this proceeding is fine denier polyester staple fiber (fine denier PSF) 
from India. For a complete description of the scope, see the Issues 
Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Antidumping Duty Administrative Review of Fine Denier 
Polyester Staple Fiber from India; 2018-2019,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Analysis of the Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
submitted by parties in this review in the Issues and Decision 
Memorandum. A list of the sections in the Issues and Decision 
Memorandum is in the appendix to this notice. 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 
on the internet at http://enforcement.trade.gov/frn/.

Changes Since the Preliminary Results

    We calculated the cash deposit rate for RIL by offsetting its final 
dumping margin by the export subsidy rate calculated for RIL in the 
most recently completed segment of the companion countervailing duty 
(CVD) proceeding rather than offsetting it by the export subsidy rate 
calculated for RIL in the investigation in the companion CVD 
proceeding. We made no other changes since the Preliminary Results.

Use of Adverse Facts Available

    Pursuant to sections 776(a) and 776(b) of the Act, Commerce 
continues to base RIL's dumping margin on total AFA because it withheld 
information requested for sales and cost reconciliations, did not 
provide accurate control numbers, as requested by Commerce and in 
conformity with Commerce's instructions, and did not provide requested 
information regarding companies owned by family members. We have 
continued to use an AFA rate of 21.43 percent, which is the AFA rate 
applied to RIL in the less-than-fair-value investigation in this 
proceeding.\7\
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    \7\ 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), and accompanying Issues and 
Decision Memorandum (Final Determination).
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Final Results of the Review

    We are assigning the following dumping margin to the firm listed 
below for the period January 5, 2018 through June 30, 2019:

------------------------------------------------------------------------
                                             Estimated
                                             weighted-     Cash deposit
                                              average      rate adjusted
            Exporter/producer                 dumping       for subsidy
                                              margin          offset
                                             (percent)       (percent)
------------------------------------------------------------------------
Reliance Industries Limited.............           21.43           19.89
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with final results of an administrative review 
within five days of its public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). However, because Commerce 
applied total AFA to the mandatory respondent under review in 
accordance with section 776 of the Act, there are no calculations to 
disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping 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 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 in the 
Federal Register, as provided for by section 751(a)(2)(C) of the Act: 
(1) The cash deposit rate for RIL will be equal to the cash deposit 
rate listed for RIL in the table above; (2) for merchandise exported by 
manufacturers or exporters not covered by 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 cash deposit rate established in the less-than-
fair-value investigation.\8\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \8\ See Final Determination, 83 FR at 24737.
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Notification to Importers

    This notice serves as a final 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 Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information

[[Page 29251]]

disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of 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

    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Sections in the Issues Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Continue to Apply Total AFA
    A. Reconciliations
    B. CONNUMs
    C. Affiliations
V. Recommendation

[FR Doc. 2021-11463 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P