[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29742-29745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11634]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-838]
Polyester Textured Yarn From Indonesia: 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 from Indonesia 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: Toni Page or Peter Shaw, 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) 482-1398 or (202) 482-0697,
respectively.
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 LTFV investigation on November 17, 2020.\1\ On April 2,
2021, Commerce postponed the preliminary determination in this
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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
Determination in the Less-Than-Fair-Value Investigation of Polyester
Textured Yarn from Indonesia,'' 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 Indonesia. 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 (i.e., scope).\5\ Certain interested
parties commented on the scope of this 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 investigation,
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. See the scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 85 FR at 74681.
\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. Normal value has been
calculated in accordance with section 773 of the Act. Furthermore,
pursuant to sections 776(a) and (b) of the Act, Commerce has
preliminarily used an adverse inference when selecting from among the
facts otherwise available to determine the margin for PT Polyfin
Canggih (Polyfin), one of three companies selected for individual
examination in this investigation.\8\ For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
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\8\ For a full discussion on respondent selection in the
investigation, see the Preliminary Determination Memorandum at 2.
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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. Pursuant to section 735(c)(5)(A) of the Act, 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,
or determined entirely under section 776 of the Act.
In this investigation, Commerce preliminarily calculated individual
estimated weighted-average dumping margins for PT. Asia Pacific Fibers
Tbk (Asia Pacific) and PT. Mutu Gading Tekstil (Mutu Gading) that are
not zero, de minimis, or based entirely on facts otherwise available.
Commerce calculated the all-others rate using a weighted average of the
estimated weighted-average dumping margins calculated for Asia Pacific
and Mutu Gading using each company's publicly-ranged values for the
merchandise under consideration.\9\
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\9\ With more than one respondent under examination, Commerce
normally calculates (A) a weighted-average of the estimated
weighted-average dumping margins calculated for the examined
respondents; (B) a simple average of the estimated weighted-average
dumping margins calculated for the examined respondents; and (C) a
weighted-average of the estimated weighted-average dumping margins
calculated for the examined respondents using each company's
publicly-ranged U.S. sale quantities for the merchandise under
consideration. Commerce then compares (B) and (C) to (A) and selects
the rate closest to (A) as the most appropriate rate for all other
producers and exporters. See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53663 (September 1, 2010). As complete publicly-ranged
sales data was available, Commerce based the all-others rate on the
publicly-ranged sales data of the mandatory respondents. For a
complete analysis of the data, see Memorandum, ``Antidumping Duty
Investigation of Polyester Textured Yarn from Indonesia: Preliminary
Determination Calculation for the All-Others,'' dated May 26, 2021.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
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PT Polyfin Canggih.......................................... * 26.07
PT. Asia Pacific Fibers Tbk................................. 9.20
PT. Mutu Gading Tekstil..................................... 7.45
All Others.................................................. 8.71
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* Adverse Facts Available (AFA).
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 for
estimated antidumping duties as follows: (1) The cash deposit rate for
the respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins 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 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
[[Page 29744]]
margin. These suspension of liquidation instructions will remain in
effect until further notice.
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 on 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 on non-
scope issues will be provided to interested parties at a later date.
Rebuttal briefs, limited to issues raised in these case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\10\ The deadlines for submitting case and rebuttal briefs on
scope issues are in the Preliminary Scope Decision Memorandum.\11\
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 temporarily modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\12\
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020) and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(collectively, Temporary Rule).
\11\ See Preliminary Scope Decision Memorandum.
\12\ 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 in the Federal Register
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 April 30, 2021, pursuant to 19 CFR 351.210(e), Asia Pacific and
Mutu Gading requested that Commerce postpone the final determination
and that provisional measures be extended to a period not to exceed six
months.\13\ Asia Pacific and Mutu Gading stated that the reasons for
their requests is the magnitude and complexity of this investigation,
as well as the time required for verification, briefing, holding a
hearing, and issuing a final determination that addresses all the legal
and factual issued raised by the interested parties in this
proceeding.\14\ Under the circumstances of this case, a postponement of
the final determination for the maximum statutory period is warranted.
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporters account 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, pursuant to section
735(a)(2) of the Act.
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\13\ See Mutu Gading's Letter, ``Polyester Textured Yarn from
Indonesia: Request to Postpone the Final Determination,'' dated
April 30, 2021 (Mutu Gading Final Postponement Request); see also
Asia Pacific's Letter, ``Polyester Textured Yarn from Indonesia:
Request to Postpone the Final Determination,'' dated April 30, 2021
(Asia Pacific Final Postponement Request).
\14\ See Mutu Gading Final Postponement Request at 2; see also
Asia Pacific Final Postponement Request at 2.
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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, then 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 imports of polyester textured yarn from Indonesia are
materially injuring, or threaten material injury to, the U.S. industry.
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).
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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. Application of Facts Available and Use of Adverse Inferences
VII. All-Others Rate
VIII. Discussion of Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-11634 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P