[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58877-58878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23127]



[[Page 58877]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-832]


Polyester Textured Yarn From the Socialist Republic of Vietnam: 
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 the Socialist Republic of Vietnam 
(Vietnam) is being, or is likely to be, sold in the United States at 
less than fair value. The period of investigation is April 1, 2020, 
through September 30, 2020.

DATES: Applicable October 25, 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

    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 the Socialist Republic of 
Vietnam: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 86 FR 29750 (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 the Socialist 
Republic of Vietnam: 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 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 Vietnam. 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, ``Questionnaire In Lieu of 
Verification,'' dated June 23, 2021; and the Century Single Entity's 
Letter, ``Response to Questionnaire in Lieu of Verification,'' dated 
July 1, 2021. 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 
May 26, 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.

Vietnam-Wide Entity and Use of Adverse Facts Available

    We continue to find that the use of facts available is warranted in 
determining the rate for the Vietnam-wide entity pursuant to sections 
776(a)(1) and (2)(A)-(C) of the Act.\6\ Further, use of adverse facts 
available is warranted with respect to the Vietnam-wide entity because 
the Vietnam-wide entity did not cooperate to the best of its ability to 
comply with our requests for information and, accordingly, we applied 
adverse inferences in selecting from the facts available, pursuant to 
section 776(b) of the Act and 19 CFR 351.308(a).
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    \6\ See Preliminary Determination PDM at 15-17.
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Changes From the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to the dumping margin calculations for the Century Single 
Entity and the Vietnam-wide entity.\7\
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    \7\ See the Issues and Decision Memorandum for a discussion of 
these changes.
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Combination Rate

    Consistent with the Preliminary Determination \8\ and Policy 
Bulletin 05.1,\9\ Commerce calculated a combination rate for the 
Century Single Entity, the sole respondent eligible for a separate rate 
in this investigation.
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    \8\ See Preliminary Determination.
    \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,'' dated 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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Final Determination

    Commerce 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...............  Century Single Entity.        2.58
Vietnam-Wide Entity.................  ......................       22.36
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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).

[[Page 58878]]

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 
Vietnam, 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, 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 
exporter/producer combination listed in the table above will be the 
rate identified in the table; (2) for all combinations of Vietnamese 
exporters/producers of subject merchandise that have not received their 
own separate rate above, the cash-deposit rate will be the cash deposit 
rate established for the Vietnam-wide entity; and (3) for all non-
Vietnamese exporters of subject merchandise which have not received 
their own separate rate above, the cash-deposit rate will be the cash 
deposit rate applicable to the Vietnamese exporter/producer combination 
(or the Vietnam-wide entity) that supplied that non-Vietnamese 
exporter. 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 Vietnam 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. Surrogate Country
IV. Separate Rate
V. Vietnam-Wide Rate
VI. Changes Since the Preliminary Determination
VII. Scope of the Investigation
VIII. Discussion of the Issues
    Comment 1: Selection of Financial Statements
    Comment 2: Calculations of Surrogate Financial Ratios
    Comment 3: Auxiliary Electricity
    Comment 4: Electricity Valuation
    Comment 5: Masterbatch PET Chips Valuation
    Comment 6: PET Chips Valuation
    Comment 7: Scrap Offset
    Comment 8: Polyethylene Strap
IX. Recommendation

[FR Doc. 2021-23127 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P