[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58883-58885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23124]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-843]


Polyester Textured Yarn From Thailand: Final Affirmative 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that 
polyester textured yarn from Thailand 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.

DATES: Applicable October 25, 2021.

FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2483.

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 2021, Commerce published its Preliminary 
Determination.\1\ Commerce invited interested parties to comment on the 
Preliminary Determination.
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    \1\ See Polyester Textured Yarn from Thailand: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 29746 (June 3, 2021) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum (PDM).
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\ 
The Issues and Decision Memorandum is a public document and is 
available 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Polyester Textured Yarn from Thailand,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope Comments

    On May 26, 2021, we issued the Preliminary Scope Decision 
Memorandum.\3\ The scope case briefs were due on July 9, 2021.\4\ We 
did not receive any scope case briefs from interested parties. 
Therefore, Commerce has not made any changes to the scope of this 
investigation since the Preliminary Determination.
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    \3\ See Memorandum, ``Antidumping Duty Investigations of 
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and 
Vietnam: Preliminary Scope Decision Memorandum,'' dated May 26, 2021 
(Preliminary Scope Decision Memorandum).
    \4\ The scope case briefs were due ``no later than 15 days after 
the responses to the scope supplemental questionnaires on 
intermingled textured yarn are filed.'' Id. at 3. The last scope 
supplemental response was submitted on June 24, 2021. See Recron 
(Malaysia) Sdn. Bhd.'s Letter, ``Scope Supplemental Questionnaire 
Response,'' dated June 24, 2021. No information was provided in the 
responses to the scope supplemental questionnaires that was 
sufficient for us to revise our findings in the Preliminary Scope 
Decision Memorandum.
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Scope of the Investigation

    The product covered by this investigation is polyester textured 
yarn from Thailand. For a complete description of the scope of this 
investigation, see Appendix I.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\5\
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    \5\ See Commerce's Letter, ``Antidumping Duty (AD) In Lieu of 
Verification Questions,'' dated July 6, 2021, and Sunflag's Letter, 
``Polyester Textured Yarn from Thailand: Response to the In Lieu of 
Verification Questionnaire,'' dated July 14, 2021.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
A list of the issues raised in the Issues and Decision Memorandum is 
attached to this notice as Appendix II.

Changes From the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to the margin calculation for Sunflag Thailand Ltd. (Sunflag) 
since the Preliminary Determination. See the Issues and Decision 
Memorandum for a discussion of these changes.

Use of Adverse Facts Available

    The mandatory respondent Jong Stit Co., Ltd. (Jong Stit) did not 
respond to Commerce's initial antidumping duty questionnaire in this 
investigation.\6\ Therefore, in the Preliminary Determination, pursuant 
to sections 776(a) and 776(b) of the Act, we assigned to Jong Stit the 
highest Petition margin based on adverse facts available (AFA). No 
party filed comments concerning the Preliminary Determination with 
respect to Jong Stit, and there is no new information on the record 
that would cause us to revisit the Preliminary Determination. 
Accordingly, we continue to find that the application of AFA pursuant 
to sections 776(a) and (b) of the Act is warranted with respect to Jong 
Stit. Consistent with the Preliminary Determination, Commerce has 
assigned to Jong Stit the highest Petition margin, which is 56.80 
percent. For further information, see the section ``Application of 
Facts Available and Use of Adverse Inferences'' in the Preliminary 
Determination PDM.
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    \6\ See Preliminary Determination PDM at 2.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-

[[Page 58884]]

average dumping margin for all other producers and exporters not 
individually investigated shall be 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 has assigned a rate based entirely on 
facts available to Jong Stit. Therefore, the only rate that is not 
zero, de minimis or based entirely on facts otherwise available is the 
rate calculated for Sunflag. Consequently, the rate calculated for 
Sunflag is also assigned as the rate for all other producers and 
exporters.

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Sunflag Thailand Ltd........................................       14.47
Jong Stit Co., Ltd..........................................     * 56.80
All Others..................................................       14.47
------------------------------------------------------------------------
* (AFA).

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final 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).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of polyester textured yarn from 
Thailand, as described in Appendix I of this notice, which were entered 
or withdrawn from warehouse for consumption on or after June 3, 2021, 
the date of publication of the Preliminary Determination of this 
investigation in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, we will instruct CBP 
to require a cash deposit for such entries of merchandise equal to the 
following: (1) The cash deposit rate for the respondents listed in the 
table above will be equal to the company-specific estimated weighted-
average dumping margin determined in this final 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 margin listed in the table above. These 
suspension of liquidation instructions will remain in effect until 
further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV. Because the final determination in this 
investigation is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of subject 
merchandise from Thailand no later than 45 days after our final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, antidumping duties on all imports 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Order

    This notice serves as a reminder to the parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: October 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Scope of the Investigation
V. Discussion of the Issues
    Comment 1: Whether the Facts Warrant Application of Adverse 
Facts Available
    Comment 2: Whether Sunflag Failed to Provide Complete and 
Accurate Chart of Accounts, Trial Balances, and Sales and Cost 
Reconciliation Worksheet Responses as Requested
    Comment 3: Whether Sunflag Reconciled U.S. Sales Data
    Comment 4: Whether Sunflag Failed to Report Containerization 
Expenses
    Comment 5: Whether There is Missing Cost Data
    Comment 6: Whether Sunflag Withheld the Reporting of Certain 
Items Pertaining to its Inventory Worksheet
    Comment 7: Whether Sunflag's Product Codes and Control Numbers 
Agree
    Comment 8: Whether Sunflag's U.S. Sales Information Failed to 
Verify
    Comment 9: Whether Sunflag's Home Market Sales Information 
Failed to Verify
    Comment 10: Whether Sunflag Failed to Report Freight Revenues
    Comment 11: Whether Sunflag Failed to Report Port Expenses and 
Customs Broker Expenses
    Comment 12: Whether Sunflag Fully Documented International 
Freight Expenses

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    Comment 13: Whether Job Work Costs Are Misclassified
    Comment 14: Whether Use of a Quarterly Cost Methodology is 
Warranted
    Comment 15: Whether Commerce Should Allow a COVID-19 Partial 
Shut Down Adjustment
    Comment 16: Whether Commerce Should Correct the Error in the 
Calculation of Its Adjustment to Sunflag's COVID-19 Adjustment
    Comment 17: Appropriate Data Sets
VI. Recommendation

[FR Doc. 2021-23124 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P