[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37513-37514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12261]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-876]


Fine Denier Polyester Staple Fiber From India: Final Results of 
the Expedited First Sunset Review of the Countervailing Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on fine denier 
polyester staple fiber (fine denier PSF) from India would be likely to 
lead to continuation or recurrence of countervailing subsidies at the 
levels indicated in the ``Final Results of Sunset Review'' section of 
this notice.

DATES: Applicable June 8, 2023.

FOR FURTHER INFORMATION CONTACT: Luke Caruso, 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) 482-2081.

SUPPLEMENTARY INFORMATION: 

Background

    On March 16, 2018, Commerce published in the Federal Register the 
CVD order on fine denier PSF from India.\1\ On February 1, 2023, 
Commerce initiated the first sunset review of the Order, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On 
February 15, 2023, Commerce received a timely notice of intent to 
participate from Auriga Polymers Inc., Fiber Industries LLC, Nan Ya 
Plastics Corporation, America, and Sun Fiber LLC (collectively, the 
domestic interested parties) within the 15-day deadline specified in 19 
CFR 351.218(d)(1)(i).\3\ The domestic interested parties claimed 
interested party status under section 771(9)(C) of the Act and 19 CFR 
351.102(b)(29)(v) as producers of the domestic like product.
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    \1\ 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 11681 (March 16, 2018) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 
(February 1, 2023) (Initiation Notice).
    \3\ See Domestic Interested Parties' Letter, ``Fine Denier 
Polyester Staple Fiber from India--Domestic Interested Parties' 
Notice of Intent to Participate,'' dated February 15, 2023.
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    On March 3, 2023, Commerce received an adequate substantive 
response to the Initiation Notice from the domestic interested parties 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We 
received no substantive responses from any other interested parties, 
including the Government of India, and no interested party requested a 
hearing. On March 23, 2023, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties, and that Commerce would 
conduct an expedited (120-day) sunset review of the Order,\5\ pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)-(C).
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    \4\ See Domestic Interested Parties' Letter, ``Fine Denier 
Polyester Staple Fiber from India--Domestic Interested Parties' 
Substantive Response,'' dated March 3, 2023.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
February 1, 2023,'' dated March 23, 2023.
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Scope of the Order

    The product covered by the Order is fine denier PSF. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Expedited First Sunset Review of the Countervailing Duty 
Order on Fine Denier Polyester Staple Fiber from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
accompanying Issues and Decision Memorandum. A list of the issues 
discussed in the Issues and Decision Memorandum is attached as the 
appendix to this notice. 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/FRNotices/ListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would likely lead to 
continuation or recurrence of countervailable subsidies at the 
following net countervailable subsidy rates:

[[Page 37514]]



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                                                            Subsidy rate
                          Company                           (percent  ad
                                                              valorem)
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Bombay Dyeing & Manufacturing Company Limited.............         14.35
Reliance Industries Limited...............................         28.33
All Others................................................         25.77
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Administrative Protective Order

    This notice serves as the only reminder to 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). Timely written notification 
of the 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 violation which is subject to 
sanction.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act 
and 19 CFR 351.218.

    Dated: June 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-12261 Filed 6-7-23; 8:45 am]
BILLING CODE 3510-DS-P