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

Published date10 January 2020
Citation85 FR 1298
Record Number2020-00247
SectionNotices
CourtCommerce Department,International Trade Administration
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]
                =======================================================================
                -----------------------------------------------------------------------
                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\
                ---------------------------------------------------------------------------
                 \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).
                ---------------------------------------------------------------------------
                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\
                ---------------------------------------------------------------------------
                 \4\ See section 735(e) of the Act; see also 19 CFR 351.224(f).
                ---------------------------------------------------------------------------
                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\
                ---------------------------------------------------------------------------
                 \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.
                ---------------------------------------------------------------------------
                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.
                ---------------------------------------------------------------------------
                 \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).
                ---------------------------------------------------------------------------
                 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\
                ---------------------------------------------------------------------------
                 \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).
                ---------------------------------------------------------------------------
                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.
                ---------------------------------------------------------------------------
                 \8\ See section 736(a)(3) of the Act.
                ---------------------------------------------------------------------------
                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\
                ---------------------------------------------------------------------------
                 \9\ See China Preliminary Determination and India Preliminary
                Determination.
                ---------------------------------------------------------------------------
                 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.
                ---------------------------------------------------------------------------
                 \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).
                ---------------------------------------------------------------------------
                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
                ------------------------------------------------------------------------
                 Estimated Cash deposit
                 weighted- rate (adjusted
                 average for export
                 Exporter or producer dumping subsidy
                 margin offset(s))
                 (percent) (percent)
                ------------------------------------------------------------------------
                JBF Industries Limited.................. 47.98 43.85
                Reliance Industries Limited............. 17.98 13.85
                All Others.............................. 17.98 13.50
                ------------------------------------------------------------------------
                 China
                ----------------------------------------------------------------------------------------------------------------
                 Cash deposit
                 Estimated rate (adjusted
                 dumping for export
                 Producer Exporter margin subsidy
                 (percent) offset)
                 (percent)
                ----------------------------------------------------------------------------------------------------------------
                Jiangsu Hengli Chemical Fiber Co., Ltd........ Jiangsu Hengli Chemical Fiber 76.07 65.39
                 Co., Ltd.
                 China-Wide Entity \11\.......... 77.15 66.47
                ----------------------------------------------------------------------------------------------------------------
                 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.
                ---------------------------------------------------------------------------
                 \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.
                ---------------------------------------------------------------------------
                 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.
                ---------------------------------------------------------------------------
                 \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
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT