[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4903-4905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01466]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-885]


Polyester Textured Yarn From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that polyester textured yarn (yarn) from India was not sold 
in the United States at less than normal value (NV) during the period 
of review (POR) January 1, 2022, through December 31, 2022. We invite 
interested parties to comment on these preliminary results of review.

DATES: Applicable January 25, 2024.

FOR FURTHER INFORMATION CONTACT: Samantha Kinney, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2285.

SUPPLEMENTARY INFORMATION:

Background

    On January 10, 2020, Commerce published in the Federal Register the 
antidumping duty (AD) order on polyester textured yarn from India.\1\ 
On January 3, 2023, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the Order.\2\ On 
March 14, 2023, based on a timely request for review, in accordance 
with 19 CFR 351.221(c)(1)(i), Commerce initiated an AD administrative 
review of the Order, covering one producer/exporter, Reliance 
Industries Limited (Reliance).\3\
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    \1\ See Polyester Textured Yarn from India and the People's 
Republic of China: Amended Final Antidumping Duty Determination for 
India and Antidumping Duty Orders, 85 FR 1298 (January 10, 2020) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 45 (January 3, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 15642, 15649 (March 14, 2023). We have 
preliminarily determined that Reliance and its affiliate, Alok 
Industries Limited (AIL), should be collapsed and treated as a 
single entity, Reliance/AIL. See Memorandum, ``Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review: 
Polyester Textured Yarn from India; 2022,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum), at the section entitled, ``Affiliation and Single 
Entity Treatment.''
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on September 11, 2023, Commerce extended the 
deadline for the preliminary results of this review until January 31, 
2024.\4\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review, dated September 
11, 2023.
    \5\ See Preliminary Decision Memorandum.
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Scope of the Order

    The merchandise covered by the Order is polyester textured yarn 
from

[[Page 4904]]

India. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Act. Export price is calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an appendix to this notice. The Preliminary 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period January 1, 2022, through 
December 31, 2022:

------------------------------------------------------------------------
                                        Weighted-average dumping margin
          Exporter/producer                        (percent)
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Reliance Industries Limited; Alok     0.00 (de minimis).
 Industries Limited.
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Disclosure and Public Comment

    Commerce intends to disclose the calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or if there is no public 
announcement, within five days after the date of publication of this 
notice in the Federal Register.\6\ Interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\7\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the deadline 
for filing case briefs.\8\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\9\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\10\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\11\
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ See APO and Service Final Rule, 88 FR at 67069.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice. If a 
request for a hearing is made, Commerce intends to hold a hearing at a 
time and date to be determined.\12\ Parties should confirm the date, 
time and location of the hearing two days before the scheduled date.
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    \12\ See 19 CFR 351.310(d).
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, upon completion of the 
final results of this administrative review, Commerce shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise covered by 
this review.\13\ If the weighted-average dumping margin for Reliance/
AIL is not zero or de minimis (i.e., less than 0.5 percent) in the 
final results of this review, Commerce intends to calculate an 
importer-specific ad valorem antidumping duty assessment rate based on 
the ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those sales, in accordance 
with 19 CFR 351.212(b)(1).\14\ We intend to instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., 0.50 percent). If the 
weighted-average dumping margin for Reliance/AIL or an importer-
specific ad valorem assessment rate is zero or de minimis in the final 
results of review, we intend to instruct CBP to liquidate entries 
without regard to antidumping duties.\15\ The final results of this 
administrative review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\16\
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    \13\ See 19 CFR 351.212(b).
    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \15\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \16\ See section 751(a)(2)(C) of the Act.
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    Where we do not have entered values for all U.S. sales to a 
particular importer, we will calculate a per-unit assessment rate by 
aggregating the antidumping duties due for all U.S. sales to that 
importer and dividing this amount by the total quantity sold to that 
importer.\17\
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    \17\ See 19 CFR 351.212(b)(1).
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    For entries of subject merchandise during the POR produced by 
Reliance/AIL for which it did not know that the merchandise was 
destined for the United States, we intend to instruct CBP to liquidate 
unreviewed entries at the all-others rate (i.e., 13.50) in the less-
than-fair-value (LTFV) investigation \18\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\19\
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    \18\ See Order, 85 FR at 1300.
    \19\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).

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[[Page 4905]]

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative 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 upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for Reliance/AIL will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review, except if the rate is less than 0.50 
percent, and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) 
for merchandise exported by a company not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific cash deposit rate published in 
the completed segment for the most recent period; (3) if the exporter 
is not a firm covered in this review, or a previous segment, but the 
producer is, then the cash deposit rate will be the rate established in 
the completed segment for the most recent period for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 13.50 percent, the all-others rate 
established in the LTFV investigation.\20\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \20\ See Order, 85 FR at 1300.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of issues raised by interested parties in any 
case and rebuttal briefs, within 120 days after the date of publication 
of these preliminary results in the Federal Register.\21\
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    \21\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of doubled antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: January 19, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-01466 Filed 1-24-24; 8:45 am]
BILLING CODE 3510-DS-P