[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58869-58871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-823]


Polyester Textured Yarn From Malaysia: 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 (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.

DATES: Applicable October 25, 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

    On June 3, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of yarn 
from Malaysia.\1\

[[Page 58870]]

Commerce invited interested parties to comment on the Preliminary 
Determination.
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    \1\ See Polyester Textured Yarn from Malaysia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 29748 (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 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Polyester Textured Yarn from Malaysia: 
Issues and Decision Memorandum for the Final Affirmative 
Determination of Sales at Less Than Fair Value'' 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 were filed. See Preliminary Scope 
Decision Memorandum at 3. The last scope supplemental response was 
submitted on June 24, 2021. See Recron (Malaysia) Sdn. Bhd. 
(Recron)'s Letter, ``Scope Supplemental Questionnaire Response,'' 
dated June 24, 2021.
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Scope of the Investigation

    The product covered by this investigation is yarn from Malaysia. 
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, ``In Lieu of Verification 
Questionnaire for Recron (Malaysia) Sdn. Bhd. in the Less-Than-Fair-
Value Investigation of Polyester Textured Yarn from Malaysia,'' 
dated July 21, 2021; see also Recron's Letter, ``Polyester Textured 
Yarn from Malaysia: Recron (Malaysia) Sdn. Bhd. In Lieu of 
Verification Questionnaire Response,'' dated July 30, 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.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-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.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Recron. Consequently, the rate calculated for Recron 
is also assigned as the rate for all other producers and exporters.

Changes From the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to the dumping margin calculations for Recron.\6\
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    \6\ See the Issues and Decision Memorandum for a discussion of 
these changes.
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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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Recron (Malaysia) Sdn. Bhd..................................        8.50
All Others..................................................        8.50
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in this final determination to interested parties 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 yarn from Malaysia, 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 in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the 
publication of this notice, Commerce will instruct CBP to require a 
cash deposit equal to the weighted-average amount by which the normal 
value exceeds U.S. price as follows: (1) The cash deposit rate for the 
companies listed above will be equal to the company-specific estimated 
weighted-average dumping margins determined in this final 
determination; (2) if the exporter is not 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.
    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 less than fair value. 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 Indonesia 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,

[[Page 58871]]

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: Recron's Internal Grade Categorization
    Comment 2: Major Input Rule Adjustment Regarding Recron's 
Reported Paraxylene Costs
    Comment 3: Major Input Rule Adjustment Regarding Recron's 
Purified Terephthalic Acid Costs
VI. Recommendation

[FR Doc. 2021-23125 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P