[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74688-74690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25856]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-875]
Fine Denier Polyester Staple Fiber From India: Preliminary
Results of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily assigned
Reliance Industries Limited (RIL), the sole respondent subject to this
antidumping duty (AD) administrative review, an AD margin based upon
the application of total adverse facts available (AFA). We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, 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) 482-4031.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2019, Commerce published a notice initiating an AD
administrative review of fine denier polyester staple fiber (fine
denier PSF) from India covering Reliance Industries Limited (RIL) for
the period of review January 5, 2018 through June 30, 2019.\1\ During
the course of this administrative review, Commerce issued, and RIL
submitted responses to, a questionnaire and multiple supplemental
questionnaires. The petitioners \2\ filed multiple comments on RIL's
responses. For further details, see the Preliminary Decision
Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9, 2019).
\2\ The petitioners are DAK Americas LLC, Nan Ya Plastics
Corporation, America, and Auriga Polymers Inc. (the petitioners).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results in the Antidumping Duty Administrative Review of Fine Denier
Polyester Staple Fiber from India; 2018-2019,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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On March 18, 2020, Commerce extended the deadline for issuing the
preliminary results of this review from to April 1, 2020 to July 30,
2020.\4\ On April 24, 2020, and July 21, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days and 60 days,
respectively, thereby extending the deadline for these preliminary
results until November 17, 2020.\5\
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\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Fine Denier Polyester Staple Fiber from India: Extension of Deadline
for Preliminary Results of Antidumping Duty Administrative Review,''
dated March 18, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020; see
also Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.
Scope of the Order
The product covered by this review is fine denier polyester staple
fiber from India. For a complete description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Pursuant
to sections 776(a) and (b) of the Act, Commerce has preliminarily
assigned RIL an AD margin of 21.43 percent, as total AFA, because it
withheld information requested for reconciliation purposes, did not
provide accurate control numbers as requested by Commerce and in
conformity with Commerce's instructions, and did not provide
information requested regarding companies owned by family members. The
total AFA rate of 21.43 percent is
[[Page 74689]]
the AFA rate applied in the final determination of the investigation of
fine denier PSF. For details regarding this determination, see the
Preliminary Decision Memorandum. A list of the topics included in the
Preliminary Decision Memorandum is included as an appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
available via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov. 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.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists:
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Estimated Cash deposit
weighted- rate adjusted
Exporter/producer average dumping for subsidy
margin offset
(percent) (percent)
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Reliance Industries Limited........... 21.43 14.48
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to the Assistant Secretary for Enforcement and Compliance
no later than 30 days after the date of publication of this notice,
unless the Secretary alters the time limit. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\6\ Parties who submit case
briefs or rebuttal briefs in this proceeding are requested to submit
with each brief: (1) A statement of the issue, (2) a brief summary of
the argument, and (3) a table of authorities.\7\ Executive summaries
should be limited to five pages total, including footnotes.\8\ Case and
rebuttal briefs should be filed using ACCESS.\9\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information.\10\
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\6\ See 19 CFR 351.309(d)(1).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ Id.
\9\ See 19 CFR 351.303.
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), any interested party who wants to
request a hearing, must submit a written request for a hearing to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS, within 30 days after the date of publication
of this notice in the Federal Register. Requests for a hearing should
contain: (1) The party's name, address, and telephone number; (2) the
number of hearing participants; and (3) a list of the issues to be
discussed in the hearing. Issues raised in the hearing will be limited
to those raised in the respective case and rebuttal briefs. If a
hearing is requested, Commerce will notify interested parties of the
hearing date and time.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\11\
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\11\ See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h)(1).
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Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\12\ The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise under review and for future deposits of estimated duties,
where applicable.\13\ We intend to issue liquidation instructions to
CBP 15 days after publication of the final results of this review.
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\12\ See 19 CFR 351.212(b).
\13\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of fine denier PSF from India entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice of the final results of this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for
RIL will be equal to the weighted-average dumping margin established in
the final results of this review (except, if the weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), no cash deposit will be required); (2) for merchandise
exported by manufacturers or exporters 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 rate published for the most
recently completed segment of this proceeding in which the manufacturer
or exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the less-than-fair-value investigation,
but the manufacturer is, the cash deposit rate will be the rate
established in the most recently completed segment of the proceeding
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 14.67
percent ad valorem, the all-others rate established in the less-than-
fair-value investigation, adjusted for subsidy offsets.\14\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Fine Denier Polyester Staple Fiber from India: Final
Affirmative Antidumping Determination of Sales at Less Than Fair
Value, 83 FR 24737 (May 30, 2018).
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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) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections
[[Page 74690]]
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: November 17, 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. Application of Facts Available and Use of Adverse Inferences
V. Recommendation
[FR Doc. 2020-25856 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P