[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62786-62788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24642]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-875]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) assigned Reliance 
Industries Limited (RIL), the sole respondent subject to this 
antidumping duty (AD) administrative review, a dumping margin based on 
total adverse facts available (AFA). The period of review (POR) is July 
1, 2019, through June 30, 2020.

DATES: Applicable November 12, 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 July 22, 2021, Commerce published in the Federal Register the 
preliminary results of this administrative review of the AD order on 
fine denier polyester staple fiber (fine denier PSF) from India.\1\ 
Although we provided interested parties with an opportunity to comment 
on the Preliminary Results, no interested party submitted comments. 
Accordingly, no decision memorandum accompanies this Federal Register 
notice.\2\
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    \1\ See Fine Denier Polyester Staple Fiber from India: 
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 38683 (July 22, 2021) (Preliminary Results), and the 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ For further details on the issues addressed in this review, 
see Preliminary Results PDM.
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    Commerce conducted this administrative review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order \3\
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    \3\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China and India: Amended Final Affirmative 
Countervailing Duty Determination for the People's Republic of China 
and Countervailing Duty Orders for the People's Republic of China 
and India, 83 FR 12149 (March 20, 2018) (Order).
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    The product covered by the Order is fine denier polyester staple 
fiber from India. For a complete description of the

[[Page 62787]]

scope of the Order, see the Preliminary Decision Memorandum.

Changes Since the Preliminary Results

    Rather than subtracting the export subsidy rate that Commerce 
determined in the 2017-2018 administrative review in the companion 
countervailing duty (CVD) proceeding \4\ from the AFA rate assigned to 
RIL to derive its cash deposit rate, we subtracted the export subsidy 
rate calculated for RIL in the most recently completed segment of the 
companion CVD proceeding.\5\
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    \4\ See Fine Denier Polyester Staple Fiber from India: Final 
Results of Countervailing Duty Administrative Review; 2017-2018, 85 
FR 86537 (December 30, 2020).
    \5\ See Fine Denier Polyester Staple Fiber from India: Final 
Results of Countervailing Duty Administrative Review; 2019, 86 FR 
50047 (September 7, 2021).
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Use of Adverse Facts Available

    We continue to find that the application of total AFA, pursuant to 
sections 776(a) and (b) of the Act, is warranted in determining RIL's 
dumping margin because it withheld information regarding its sales and 
cost reconciliations and potential affiliations, incorrectly reported 
control numbers, and provided unreliable and unusable sales and cost 
databases.\6\ Therefore, as in the Preliminary Results, as AFA, we 
assigned RIL a dumping margin of 21.43 percent. No interested party 
commented on this determination.
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    \6\ See Preliminary Results.
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    Commerce is not required to corroborate any dumping margin applied 
in a separate segment of the same proceeding. Because the 21.43 percent 
rate was applied in a separate segment of this proceeding, Commerce 
does not need to corroborate the rate in this review.

Final Results of the Review

    The final estimated weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                      Cash deposit rate
                                Estimated weighted-      adjusted for
       Exporter/producer          average dumping       subsidy offset
                                  margin (percent)      (percent) \7\
------------------------------------------------------------------------
Reliance Industries Limited...               21.43                19.33
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\7\ We subtracted the 2.10 percent export subsidy rate that Commerce
  calculated in the most recently completed segment of the companion CVD
  proceeding (i.e., the final results of the 2019 administrative
  review), from the dumping margin of 21.43 percent.

Disclosure

    Normally, Commerce discloses to parties to the proceeding the 
calculations that it performed in connection with the final results of 
an AD administrative review within five days after the date of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because Commerce applied a dumping margin to RIL based entirely on AFA 
in accordance with section 776 of the Act, there are no calculations to 
disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. 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 in the Federal Register, 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, adjusted for the subsidy offset, from 
the table above; (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 most 
recently established rate for the manufacturer or exporter in a 
completed segment of this proceeding; (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 most recently established rate for the manufacturer of the 
merchandise in a completed segment of the proceeding; 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.\8\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \8\ 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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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    These final 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 351.221(b)(5).


[[Page 62788]]


    Dated: November 5, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of The Acting Assistant Secretary 
for Enforcement and Compliance.
[FR Doc. 2021-24642 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P