[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:
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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