[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38683-38685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15608]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-875]


Fine Denier Polyester Staple Fiber From India: Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) has preliminarily 
assigned Reliance Industries Limited (RIL), the sole respondent subject 
to this antidumping duty (AD) administrative review, an AD margin based 
upon the application of total adverse facts available (AFA). The period 
of review (POR) is July 1, 2019, through June 30, 2020.

DATES: Applicable July 22, 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

    On September 3, 2020, Commerce published in the Federal Register 
the notice of initiation of an AD administrative review of fine denier 
polyester staple fiber (fine denier PSF) from India, covering RIL.\1\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020).
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    On March 24, 2021, Commerce extended the deadline for issuing the 
preliminary results of this review from to April 2, 2021, to July 30, 
2021.\2\
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    \2\ See Memorandum, ``Fine Denier Polyester Staple Fiber from 
India: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review,'' dated March 24, 2021.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\3\
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019-2020 Antidumping Duty Administrative Review of 
Fine Denier Polyester Staple Fiber from India,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The product covered by this review is fine denier polyester staple 
fiber from India. For a complete description of the scope, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of the topics included in the 
Preliminary Decision Memorandum is included as an appendix to this 
notice. The Preliminary Decision Memorandum is a public document and is 
available to the public via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users

[[Page 38684]]

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/.

Adverse Facts Available

    Pursuant to sections 776(a) and (b) of the Act, Commerce has 
preliminarily assigned RIL an AD margin of 21.43 percent, as AFA, 
because it withheld information regarding its sales and cost 
reconciliations, affiliates, incorrectly reported its control numbers, 
and provided unreliable and unusable sales and cost databases. For 
details regarding this determination, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists:

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

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\4\ The final results of this administrative review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.\5\ If the preliminary results are unchanged for the 
final results, we will instruct CBP to apply an ad valorem assessment 
rate equal to RIL's weighted-average dumping margin in the final 
results of this review to all entries of subject merchandise during the 
POR from RIL.
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    \4\ See 19 CFR 351.212(b).
    \5\ See section 751(a)(2)(C) of the Act.
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    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, as provided 
for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for 
RIL will be equal to the weighted-average dumping margin established in 
the final results of this review (except, if the weighted-average 
dumping margin is zero or de minimis, no cash deposit will be 
required); (2) for merchandise exported by manufacturers or exporters 
not covered in 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 rate established in the less-than-fair-value investigation, 
adjusted for subsidy offsets.\6\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \6\ 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).
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Disclosure

    Normally, Commerce discloses the calculations performed in 
connection with preliminary results to interested parties within five 
days after the date of public announcement or publication of this 
notice.\7\ Because Commerce preliminarily applied a rate based entirely 
on AFA in accordance with section 776 of the Act, to the only mandatory 
respondent in this review, there are no calculations to disclose.
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    \7\ See 19 CFR 351.224(b).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to the Assistant Secretary for Enforcement and Compliance 
no later than 30 days after the date of publication of this notice, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\8\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are requested to submit 
with each brief: (1) A statement of the issue, (2) a brief summary of 
the argument, and (3) a table of authorities.\9\ Executive summaries 
should be limited to five pages total, including footnotes.\10\ Case 
and rebuttal briefs should be filed using ACCESS.\11\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information.\12\
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    \8\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ Id.
    \11\ See 19 CFR 351.303.
    \12\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will notify interested 
parties of the hearing date and time. 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 within 30 days after the date of publication of this notice. 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of hearing participants; and (3) a list of the 
issues to be discussed in the hearing. Issues raised in the hearing 
will be limited to those raised in the respective case and rebuttal 
briefs.

Final Results of Review

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised by the 
parties in the

[[Page 38685]]

written comments, within 120 days of publication of these preliminary 
results in the Federal Register, unless otherwise extended.\13\
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    \13\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 to Interested Parties

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

    Dated: July 16, 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. Application of Facts Available and Use of Adverse Inferences
V. Recommendation

[FR Doc. 2021-15608 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-DS-P