[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29750-29752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11635]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-832]


Polyester Textured Yarn From the Socialist Republic of Vietnam: 
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 the Socialist Republic of Vietnam 
(Vietnam) is being, or is likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation is April 1, 
2020, through September 30, 2020. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable June 3, 2021.

FOR FURTHER INFORMATION CONTACT: Preston Cox or Yang Jin Chun, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-5760, 
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 of 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, ``Polyester Textured Yarn from the Socialist 
Republic of Vietnam: Decision Memorandum for Preliminary Affirmative 
Determination of Sales at Less Than Fair Value,'' 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 Vietnam. 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.
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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 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; see also the ``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. Because Vietnam is a non-
market economy, within the meaning of section 771(18) of the Act, 
Commerce has calculated normal value in accordance with section 773(c) 
of the Act.
    In addition, Commerce has relied on facts available under section 
776(a) of the Act to determine the cash deposit rate assigned to the 
Vietnam-wide entity. Furthermore, pursuant to sections 776(a) and (b) 
of the Act, because the Vietnam-wide entity did not cooperate to the 
best of its ability in responding to the Commerce's request for data, 
Commerce preliminarily has relied upon facts otherwise available, with 
adverse inferences, for the Vietnam-wide Entity. For a complete 
description of the methodology

[[Page 29751]]

underlying Commerce's preliminary determination, see the Preliminary 
Decision Memorandum.

Combination Rates

    In the Initiation Notice,\8\ Commerce explained that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\9\
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    \8\ See Initiation Notice, 85 FR at 74684.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
              Exporter                       Producer           dumping
                                                                margin
                                                               (percent)
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Century Single Entity \10\..........  Century Single Entity.        2.67
Vietnam-Wide Entity.................  ......................       22.82
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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 equal to the weighted average 
amount by which normal value exceeds U.S. price, as indicated in the 
chart above, as follows: (1) For the producer/exporter combinations 
listed in the table above, the cash deposit rate is equal to the 
estimated weighted-average dumping margin listed for that combination 
in the table; (2) for all combinations of Vietnam producers/exporters 
of subject merchandise that have not established eligibility for their 
own separate rates, the cash deposit rate will be equal to the 
estimated weighted-average dumping margin established for the Vietnam-
wide entity; and (3) for all third-country exporters of subject 
merchandise not listed in the table above, the cash deposit rate is the 
cash deposit rate applicable to the Vietnam producer/exporter 
combination (or the Vietnam-wide entity) that supplied that third-
country exporter. These suspension of liquidation instructions will 
remain in effect until further notice.
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    \10\ The Century Single Entity is comprised of Century Synthetic 
Fiber Corporation and Century Synthetic Fiber Corporation--Branch. 
See Memorandum, ``Less-Than-Fair-Value Investigation of Polyester 
Textured Yarn from the Socialist Republic of Vietnam: Affiliation 
and Collapsing Analysis for Century Synthetic Fiber Corporation and 
Century Synthetic Fiber Corporation-Branch,'' dated concurrently 
with this notice.
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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 announced at a later date. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
seven days after the due date for case briefs.\11\ The deadlines for 
submitting case and rebuttal briefs on scope issues are in the 
Preliminary Scope Decision Memorandum. 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. Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\12\
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    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \12\ 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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    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, 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 the date, time, and 
location of the hearing two days before the scheduled date of the 
hearing.

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. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of a final antidumping 
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 29, 2021, the Century Single Entity requested that 
Commerce postpone its final determination and extend the provisional 
measures period from four to no more than six months pursuant to 
pursuant to 19 CFR 351.210(e).\13\ 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 exporter, 
the Century Single Entity, 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

[[Page 29752]]

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 Century Single Entity's Letter, ``Request to Postpone 
Final Determination & Provisional Measures,'' dated April 29, 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, 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 the subject merchandise 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 and 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 the Investigation
V. Scope Comments
VI. Selection of Respondents
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation

[FR Doc. 2021-11635 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P