[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29748-29750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11633]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-823]
Polyester Textured Yarn From Malaysia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that polyester textured yarn (yarn) from Malaysia is being, or is
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation is October 1, 2019, through September 30,
2020. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable June 3, 2021.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
initiated this investigation on November 17, 2020.\1\ On April 2, 2021,
Commerce postponed the preliminary determination in this investigation
and the revised deadline is now May 26, 2021.\2\
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\1\ See Polyester Textured Yarn from Indonesia, Malaysia,
Thailand, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 85 FR 74680 (November 23, 2020)
(Initiation Notice).
\2\ See Polyester Textured Yarn from Indonesia, Malaysia,
Thailand, and the Socialist Republic of Vietnam: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigations, 86 FR 17362 (April 2, 2021).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II 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 Service System (ACCESS). ACCESS is available to
registered users at https://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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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Polyester Textured Yarn from Malaysia,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is polyester textured
yarn from Malaysia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\ As
discussed in the Preliminary Scope Decision Memorandum, Commerce is
preliminarily not modifying the scope language as it appeared in the
Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 85 FR at 74680.
\6\ See Memorandum, ``Antidumping duty investigations of
Polyester Textured Yarn from Indonesia, Malaysia, Thailand and
Vietnam: Preliminary Scope Decision Memorandum,'' dated concurrently
with this notice (Preliminary Scope Decision Memorandum).
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The Preliminary Scope Decision Memorandum establishes the deadline
to submit scope case briefs.\7\ There will be no further opportunity
for comments on scope-related issues.
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\7\ Case briefs, other written comments, and rebuttal briefs
submitted by in response to this preliminary LTFV determination
should not include scope-related issues. See Preliminary Scope
Decision Memorandum, and ``Public Comment'' section of this notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act and normal values in
accordance with section 773 of the Act. For a full description of the
methodology underlying Commerce's preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding rates that
are zero, de minimis margins or determined entirely under section 776
of the Act. In this investigation, Commerce preliminarily calculated a
rate of 17.35 percent for Recron (Malaysia) Sdn. Bhd. (Recron). Because
Recron's rate is not zero, de minimis or based entirely on section 776
of the Act, we are relying on Recron's rate as the
[[Page 29749]]
estimated weighted-average dumping margin for all other exporters and
producers not individually examined.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Recron (Malaysia) Sdn. Bhd.................................. 17.35
All Others.................................................. 17.35
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit as
follows: (1) The cash deposit rate for each of the companies listed
above will be equal to the company-specific estimated weighted-average
dumping margin as determined in this preliminary determination; (2) if
the exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin as established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any 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).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments regarding non-scope issues
may be submitted to the Assistant Secretary for Enforcement and
Compliance. A timeline for the submission of case briefs and written
comments will be provided to interested parties at a later date.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\8\ The deadlines for submitting case and rebuttal briefs on
scope issues are in the Preliminary Scope Decision Memorandum.\9\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\10\
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Preliminary Scope Decision Memorandum.
\10\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On May 18, 2021, pursuant to 19 CFR 351.210(e), Recron requested in
the event of an affirmative preliminary determination, that Commerce
postpone the final determination and that provisional measures be
extended to a period not to exceed six months.\11\ On May 6, 2021, the
petitioners also filed a request to postpone the final determination in
the event of a negative preliminary determination.\12\ In accordance
with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and
(e)(2), because: (1) The preliminary determination is affirmative; (2)
the requesting exporter accounts for a significant proportion of
exports of the subject merchandise; and (3) no compelling reasons for
denial exist, Commerce is postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\11\ See Recron's Letter, ``Polyester Textured Yarn from
Malaysia: Request to Extend the Final Determination,'' dated May 18,
2021.
\12\ See Petitioners' Letter, ``Polyester Textured Yarn from
Indonesia, Malaysia, Thailand, and the Socialist Republic of
Vietnam--Petitioners' Request for Postponement of the Final
Antidumping Determination,'' dated May 6, 2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
[[Page 29750]]
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, 19 CFR 351.205(c), and 19 CFR
351.210(g).
Dated: May 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation, polyester
textured yarn, is synthetic multifilament yarn that is manufactured
from polyester (polyethylene terephthalate). Polyester textured yarn
is produced through a texturing process, which imparts special
properties to the filaments of the yarn, including stretch, bulk,
strength, moisture absorption, insulation, and the appearance of a
natural fiber. This scope includes all forms of polyester textured
yarn, regardless of surface texture or appearance, yarn density and
thickness (as measured in denier), number of filaments, number of
plies, finish (luster), cross section, color, dye method, texturing
method, or packaging method (such as spindles, tubes, or beams).
The merchandise subject to this investigation is properly
classified under subheadings 5402.33.3000 and 5402.33.6000 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affiliation
VII. All-Others Rate
VIII. Discussion of Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-11633 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P