[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71031-71033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27003]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-838, A-557-823, A-549-843, A-552-832]


Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and 
the Socialist Republic of Vietnam: Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing the antidumping duty orders on polyester textured 
yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of 
Vietnam (Vietnam).

DATES: Applicable December 14, 2021.

FOR FURTHER INFORMATION CONTACT: Peter Shaw at (202) 482-0697 or Toni 
Page at (202) 482-1398 (Indonesia); Daniel Alexander at (202) 482-4313 
(Malaysia); Stephanie Berger at (202) 482-2483 (Thailand); and Preston 
Cox at (202) 482-5041 (Vietnam); AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 25, 
2021, Commerce published its affirmative final determinations in the 
less-than-fair-value (LTFV) investigations of imports of polyester 
textured yarn from Indonesia, Malaysia, Thailand, and Vietnam.\1\ On 
December 7, 2021, the ITC notified Commerce of its affirmative final 
determinations, pursuant to section 735(d) of the Act, that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of the LTFV imports of 
polyester textured yarn from Indonesia, Malaysia, Thailand, and 
Vietnam.\2\
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    \1\ See Polyester Textured Yarn from Indonesia: Final 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
58875 (October 25, 2021); Polyester Textured Yarn from Malaysia: 
Final Affirmative Determination of Sales at Less-Than Fair-Value, 86 
FR 58869 (October 25, 2021); Polyester Textured Yarn from Thailand: 
Final Affirmative Determination of Sales at Less Than Fair Value, 86 
FR 58883 (October 25, 2021); and Polyester Textured Yarn from the 
Socialist Republic of Vietnam: Final Affirmative Determination of 
Sales at Less Than Fair Value, 86 FR 58877 (October 25, 2021) (Final 
Determination Vietnam) (collectively, Final Determinations).
    \2\ See ITC's Letter, dated December 7, 2021.
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Scope of the Orders

    The product covered by these orders is polyester textured yarn from 
Indonesia, Malaysia, Thailand, and Vietnam. For a complete description 
of the scope of these orders, see the appendix to this notice.

Antidumping Duty Orders

    On December 7, 2021, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of LTFV imports of polyester textured 
yarn from Indonesia, Malaysia, Thailand, and Vietnam.\3\ Therefore, in 
accordance with sections 735(c)(2) and 736 of the Act, Commerce is 
issuing these antidumping duty orders.
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    \3\ Id.
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    Because the ITC determined that imports of polyester textured yarn 
from Indonesia, Malaysia, Thailand, and Vietnam are materially injuring 
a U.S. industry, unliquidated entries of subject merchandise from 
Indonesia, Malaysia, Thailand, and Vietnam, entered into the United 
States or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties. Therefore, in accordance with section 
736(a)(1) of the Act, Commerce will direct U.S. Customs and Border 
Protection (CBP) to assess, upon further instructions by Commerce, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price (or constructed export price) of 
the subject merchandise, for all relevant entries of polyester textured 
yarn from Indonesia, Malaysia, Thailand, and Vietnam. Antidumping 
duties will be assessed on unliquidated entries of polyester textured 
yarn from Indonesia, Malaysia, Thailand, or Vietnam entered, or 
withdrawn from warehouse, for consumption on or after June 3, 2021, the 
date of publication of the Preliminary Determinations,\4\ but will

[[Page 71032]]

not include entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final injury 
determinations as further described below.
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    \4\ See Polyester Textured Yarn from Indonesia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 29742 (June 3, 2021); 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); 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); 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) (collectively, 
Preliminary Determinations).
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Continuation of Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to continue to suspend liquidation of polyester textured yarn from 
Indonesia, Malaysia, Thailand, and Vietnam as described in the appendix 
to this notice which are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determinations in the Federal Register. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below. Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determinations, CBP will require, at the same 
time as importers would normally deposit estimated duties on the 
subject merchandise, a cash deposit equal to the rates listed below.\5\ 
For Indonesia, Malaysia, and Thailand, the all-others rate applies to 
all producers or exporters not specifically listed. For Vietnam, the 
rate for the Vietnam-wide entity applies to all exporters not 
specifically listed.
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    \5\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except that Commerce may extend the four-
month period to no more than six months at the request of exporters 
representing a significant proportion of exports of the subject 
merchandise. At the request of exporters accounting for a significant 
proportion of polyester textured yarn from Indonesia, Malaysia, 
Thailand, and Vietnam, Commerce extended the four-month period to six 
months in this proceeding in each of these investigations.\6\ The 
extended provisional measures period began on June 3, 2021, and ended 
on November 29, 2021.
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    \6\ See Preliminary Determinations.
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    Therefore, in accordance with section 733(d) of the Act and its 
practice, Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of polyester textured yarn from Indonesia, 
Malaysia, Thailand, and Vietnam entered or withdrawn from warehouse for 
consumption after November 29, 2021, the final day on which the 
provisional measures were in effect, until and through the day 
preceding the date of publication of the ITC's final affirmative injury 
determinations in the Federal Register. Suspension of liquidation and 
collection of cash deposits will resume on the date of publication of 
the ITC's final determinations in the Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

                                Indonesia
------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
PT. Polyfin Canggih.........................................     * 26.07
PT. Asia Pacific Fibers Tbk.................................     * 26.07
PT. Mutu Gading Tekstil.....................................        7.47
All Others..................................................        7.47
------------------------------------------------------------------------


                                Malaysia
------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Recron (Malaysia) Sdn. Bhd..................................        8.50
All Others..................................................        8.50
------------------------------------------------------------------------


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


                                 Vietnam
------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
             Exporter                     Producer            average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Century Single Entity \7\.........  Century Single                  2.58
                                     Entity.
Vietnam-Wide Entity...............  ....................           22.36
------------------------------------------------------------------------
* The rate was assigned based on facts available with adverse
  inferences.

Establishment of the Annual Inquiry Service Lists
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    \7\ The Century Single Entity is comprised of Century Synthetic 
Fiber Corporation and Century Synthetic Fiber Corporation-Branch. 
See Final Determination Vietnam, 86 FR 58877, n.5.
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    On September 20, 2021, Commerce published Regulations to Improve 
Administration and Enforcement of Antidumping and Countervailing Duty 
Laws, 86 FR 52300 (September 20, 2021) (Final Rule). On September 27, 
2021, Commerce also published Scope Ruling Application; Annual Inquiry 
Service List; and Informational Sessions, 86 FR 53205 (September 27, 
2021) (Procedural Guidance). The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or a request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same

[[Page 71033]]

merchandise from the same country of origin.\8\
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    \8\ See Final Rule, 86 FR 52335-37; and Procedural Guidance.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \9\
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    \9\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \10\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list for those orders for 
which they qualify as an interested party. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \10\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam 
pursuant to section 736(a) of the Act. Interested parties can find a 
list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: December 8, 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--Scope of the Orders

    The merchandise covered by these orders, 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 these orders is properly classified 
under subheadings 5401.10.0000, 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.

[FR Doc. 2021-27003 Filed 12-13-21; 8:45 am]
BILLING CODE 3510-DS-P