[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18916-18917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07046]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-876]
Fine Denier Polyester Staple Fiber From the Republic of India:
Preliminary Results of Countervailing Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Reliance Industries Limited (Reliance), a producer/exporter of
fine denier polyester staple fiber (PSF) from the Republic of India
(India) received countervailable subsidies during the period of review
(POR) November 6, 2017 through December 31, 2018. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable April 3, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Dakota Potts, 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) 482-3936 or (202) 482-3586,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2019, Commerce published a notice of initiation of an
administrative review of the countervailing duty order on PSF from
India with respect to Reliance.\1\ On November 7, 2019, we extended the
deadline for these preliminary results to March 31, 2020.\2\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\3\ A list of topics
discussed in the Preliminary Decision Memorandum is included as the
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
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room
B8024 of the main Commerce building. In addition, a complete version of
the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation
Notice).
\2\ See Memorandum, ``2017-2018 Countervailing Duty
Administrative Review of Fine Denier Polyester Staple Fiber from
India: Extension of Deadline for Preliminary Results,'' dated
November 7, 2019.
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of 2018 Countervailing Duty Administrative Review: Fine
Denier Polyester Staple Fiber from India,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by this order is fine denier PSF, not
carded or combed, measuring less than 3.3 decitex (3 denier) in
diameter. The scope covers all fine denier PSF, whether coated or
[[Page 18917]]
uncoated. The following products are excluded from the scope:
(1) PSF equal to or greater than 3.3 decitex (more than 3 denier,
inclusive) currently classifiable under HTSUS subheadings 5503.20.0045
and 5503.20.0065.
(2) Low-melt PSF defined as a bi-component polyester fiber having a
polyester fiber component that melts at a lower temperature than the
other polyester fiber component, which is currently classifiable under
HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the HTSUS subheading
5503.20.0025. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found to be countervailable, Commerce
preliminarily finds that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific.\4\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit, and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review
As a result of this review, Commerce preliminarily finds that the
net countervailable subsidy rate for the POR regarding Reliance is as
follows:
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Subsidy rate
Company (ad valorem)
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Reliance Industries Limited............................ 4.26
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Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries covered by this review. Commerce intends to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, Commerce will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to the parties in this proceeding the
calculations performed in reaching these preliminary results within
five days of the date this notice is published in the Federal
Register.\5\ Interested parties may submit written arguments (case
briefs) on these preliminary results within 30 days of publication of
the preliminary results, and rebuttal arguments (rebuttal briefs)
within seven days after the time limit for filing case briefs.\6\
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to
issues raised in the case briefs. Parties who submit arguments are
requested to submit with their argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.\7\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until May 19, 2020, unless extended.\8\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c); see also 19 CFR 351.309(d); and
351.303 (for general filing requirements).
\7\ See 19 CFR 351.309(c)(2); see also 19 CFR 351.309(d)(2).
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request within 30 days after
the date of publication of this notice.\9\ Requests should contain (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If Commerce
receives a request for a hearing, Commerce will inform parties of the
schedule date for the hearing, which will be held at the main Commerce
building at a time and location to be determined.\10\ Parties should
confirm by telephone, the date, time, and location of the hearing.
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\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of Commerce's analysis of
the issues raised by parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: March 30, 2020.
Jeffrey I. Kessler,
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. Period of Review
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Discussion and Analysis of Programs
IX. Recommendation
[FR Doc. 2020-07046 Filed 4-2-20; 8:45 am]
BILLING CODE 3510-DS-P