Polyester Textured Yarn From India and the People's Republic of China: Amended Final Antidumping Duty Determination for India and Antidumping Duty Orders

 
CONTENT
Federal Register, Volume 85 Issue 7 (Friday, January 10, 2020)
[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Pages 1298-1300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00247]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-885, A-570-097]
Polyester Textured Yarn From India and the People's Republic of
China: Amended Final Antidumping Duty Determination for India and
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 antidumping duty orders on polyester textured yarn
from India and the People's Republic of China (China). In addition,
Commerce is amending its final affirmative determination with respect
to India.
DATES: Applicable January 10, 2020.
FOR FURTHER INFORMATION CONTACT: Kate Johnson (India) or Irene Gorelik
(China), AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4929
or (202) 482-6905, respectively.
SUPPLEMENTARY INFORMATION:
Background
 On November 19, 2019, Commerce published its affirmative final
determinations in the less-than-fair-value (LTFV) investigations of
polyester textured yarn from India and China.\1\ Also on November 19,
2019, Commerce received ministerial error allegations.\2\ See the
``India Amended Final Determination'' section for further discussion.
On January 3, 2020, the International Trade Commission (ITC) notified
Commerce of its final determinations, pursuant to section 735(d), that
an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Tariff Act of 1930, as
amended (the Act) by reason of LTFV imports of polyester textured yarn
from India and China, and of its determination that critical
circumstances do not exist with respect
[[Page 1299]]
to imports of polyester textured yarn from China.\3\
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 \1\ See Polyester Textured Yarn from India: Final Determination
of Sales at Less Than Fair Value, 84 FR 63843 (November 19, 2019)
(India Final); and Polyester Textured Yarn from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, and Final Affirmative Determination of Critical
Circumstances, 84 FR 63850 (November 19, 2019).
 \2\ See Petitioner's Letter, ``Polyester Textured Yarn from
India--Petitioners' Ministerial Error Comments Regarding the Final
Determination,'' dated November 19, 2019; see also JBF's Letter
``Antidumping Investigation of Polyester Textured Yarn from India
(Case No. A-533-885)--JBF Industries Limited's Ministerial Error
Comments for the Final Determination,'' dated November 19, 2019.
 \3\ See ITC Notification Letter, Investigation Nos. 701-TA-612-
613 and 731-TA-1429-1430 (Final), dated January 3, 2020 (ITC
Notification).
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Scope of the Orders
 The product covered by these orders is polyester textured yarn from
India and China. For a complete description of the scope of these
orders, see the Appendix to this notice.
Amendment to Final Determination
 A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\4\
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 \4\ See section 735(e) of the Act; see also 19 CFR 351.224(f).
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India Amended Final Determination
 Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the final determinations in the LTFV
investigation of polyester textured yarn from India (India Final) to
reflect the correction of a ministerial error in the final estimated
weighted-average dumping margin calculated for Reliance Industries
Limited (Reliance). In addition, because Reliance's estimated weighted-
average dumping margin is the basis for the estimated weighted-average
dumping margin for JBF Industries Limited (JBF), as well as the
estimated weighted-average dumping margin determined for all other
Indian producers and exporters of subject merchandise, we also are
revising JBF's estimated weighted-average dumping margin and the all-
others rate in the India Final.\5\
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 \5\ See infra, section on ``Estimated Weighted-Average Dumping
Margins''; see also Memorandum, ``Less-Than-Fair-Value Investigation
of Polyester Textured Yarn from India: Ministerial Error Allegations
Regarding the Final Determination,'' dated December 9, 2019.
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Antidumping Duty Orders
 On January 3, 2020, 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 imports of polyester textured yarn
from India and China.\6\ Therefore, in accordance with section
735(c)(2) of the Act, Commerce is issuing these antidumping duty
orders. Because the ITC determined that imports of polyester textured
yarn from India and China are materially injuring a U.S. industry,
unliquidated entries of such merchandise from India and China, entered
or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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 \6\ See ITC Notification Letter; see also Polyester Textured
Yarn from China and India (Inv. Nos. 701-TA-612-613 and 731-TA-1429-
1430 (Final), USITC Publication 5007, January 2020).
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 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 instruction 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 merchandise, for all
relevant entries of polyester textured yarn from India and China. With
the exception of entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
affirmative injury determinations, as further described below,
antidumping duties will be assessed on unliquidated entries of
polyester textured yarn from India and China entered, or withdrawn from
warehouse, for consumption, on or after July 1, 2019, the date of
publication of the preliminary determinations.\7\
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 \7\ See China Preliminary Determination and Polyester Textured
Yarn from India: Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Postponement of Final Determination and
Extension of Provisional Measures, 84 FR 31301 (July 1, 2019) (India
Preliminary Determination).
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Continuation of Suspension of Liquidation
 Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce
will instruct CBP to continue to suspend liquidation on all relevant
entries of polyester textured yarn from India and China. 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, adjusted by the export subsidy offset. Given that the
provisional measures period has expired, as explained below, effective
on the date of publication in the Federal Register of the notice of the
ITC's final affirmative injury determinations, CBP will require, at the
same time as importers would normally deposit estimated duties on
subject merchandise, a cash deposit equal to the rates noted below.\8\
The relevant all-others rate applies to all producers or exporters not
specifically listed. The China-wide entity rate applies to all
exporter-producer combinations not specifically listed.
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 \8\ See section 736(a)(3) of the Act.
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Provisional Measures
 Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of polyester textured yarn from India and China, Commerce extended the
four-month period to six months in each of these investigations.
Commerce published the preliminary determinations in these
investigations on July 1, 2019.\9\
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 \9\ See China Preliminary Determination and India Preliminary
Determination.
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 The extended provisional measures period, beginning on the date of
publication of the preliminary determinations, ended on December 27,
2019. Therefore, in accordance with section 733(d) of the Act and our
practice,\10\ 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 India and China
entered, or withdrawn from warehouse, for consumption after December
27, 2019, 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 the collection of cash deposits
will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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 \10\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Critical Circumstances
 With regard to the ITC's negative critical circumstances
determination on imports of polyester textured yarn from China
discussed above, we will instruct CBP to lift suspension and to refund
any cash deposits made to secure the payment of estimated antidumping
duties with respect to entries of polyester textured yarn from China,
entered or withdrawn from warehouse, for consumption on or after April
2, 2019 (i.e., 90 days prior to the date of
[[Page 1300]]
publication of the preliminary determination), but before July 1, 2019
(i.e., the date of publication of the preliminary determination for
this investigation).
Estimated Weighted-Average Dumping Margins
 The estimated weighted-average antidumping duty margin percentages
are as follows:
 India
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 Estimated Cash deposit
 weighted- rate (adjusted
 average for export
 Exporter or producer dumping subsidy
 margin offset(s))
 (percent) (percent)
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JBF Industries Limited.................. 47.98 43.85
Reliance Industries Limited............. 17.98 13.85
All Others.............................. 17.98 13.50
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 China
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 Cash deposit
 Estimated rate (adjusted
 dumping for export
 Producer Exporter margin subsidy
 (percent) offset)
 (percent)
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Jiangsu Hengli Chemical Fiber Co., Ltd........ Jiangsu Hengli Chemical Fiber 76.07 65.39
 Co., Ltd.
 China-Wide Entity \11\.......... 77.15 66.47
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 This notice constitutes the antidumping duty orders with respect to
polyester textured yarn from India and China 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.
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 \11\ The China-wide entity includes: (1) The single entity
comprising Fujian Billion Polymerization Fiber Technology Industrial
Co., Ltd. and its affiliate Fujian Baikai Textile Chemical Fiber
Co., Ltd.; (2) Suzhou Shenghong Fiber Co., Ltd. (3) Fujian Zhengqi
Hi-tech Fiber Technology Co., Ltd.; (4) Chori (China) Co., Ltd.; (5)
Jinjiang Jinfu Chemical Fiber and Polymer Co., Ltd.; (6) Jiangsu
Guowang High-Technique Fiber Co., Ltd.; and (7) Pujiang Fairy Home
Textile Co., Ltd. The China-wide entity also includes 33 companies
named in the Petition that did not respond to our request for
quantity and value information, and two companies that submitted
quantity and value data but did not submit separate rate
applications.
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 This amended final determination and antidumping duty orders are
published in accordance with sections 735(e) and 736(a) of the Act and
19 CFR 351.224(e) and 19 CFR 351.211(b).
 Dated: January 6, 2020.
Jeffrey I. Kessler,
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 packing method (such as spindles, tubes, or beams).
 Excluded from the scope of these orders is bulk continuous
filament yarn that: (a) is polyester synthetic multifilament yarn;
(b) has denier size ranges of 900 and above; (c) has turns per meter
of 40 and above; and (d) has a maximum shrinkage of 2.5 percent.
 The merchandise subject to these orders is properly classified
under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized
Tariff Schedule of the United States (HTSUS). Merchandise subject to
these orders may also enter under HTSUS subheading 5402.52.00.\12\
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
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 \12\ HTSUS subheading 5402.52 includes subheadings 5402.52.10.00
and 5402.52.90.00.
[FR Doc. 2020-00247 Filed 1-9-20; 8:45 am]
 BILLING CODE 3510-DS-P