Notice2021-11463
Fine Denier Polyester Staple Fiber From India: Final Results of Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 1, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) has continued to base the dumping margin for the sole respondent under review, Reliance Industries Limited (RIL), on total adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). The period of review (POR) is January 5, 2018 through June 30, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 103 (Tuesday, June 1, 2021)</title>
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[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29249-29251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11463]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-875]
Fine Denier Polyester Staple Fiber From India: Final Results of
Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has continued to base
the dumping margin for the sole respondent under review, Reliance
Industries Limited (RIL), on total adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act). The period of review (POR) is January 5, 2018
through June 30, 2019.
DATES: Applicable June 1, 2021.
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
Commerce (Commerce) published the preliminarily results of this
administrative review on November 23, 2020.\1\ In response to
Commerce's invitation to comment on the Preliminary Results, RIL filed
comments \2\ and the petitioners \3\ filed rebuttal comments on
December 30, 2020 and January 6, 2021, respectively.\4\ On March 16,
2021, Commerce extended the deadline for issuing the final results of
this review from March 23, 2021 to May 24, 2021.\5\
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\1\ See Fine Denier Polyester Staple Fiber from India:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 74688 (November 23, 2020) (Preliminary Results).
\2\ See RIL's Letter, ``Fine Denier Polyester Staple Fiber from
India: Reliance Industries Limited's Case Brief,'' dated December
30, 2020.
\3\ Auriga Polymers Inc., DAK Americas LLC, and Nan Ya Plastics
Corporation, America (collectively, the petitioners).
\4\ See Petitioners' Letter, ``Fine Denier Polyester Staple
Fiber from India: Petitioners' Rebuttal Brief,'' dated January 6,
2021.
\5\ See Memorandum, ``Fine Denier Polyester Staple Fiber from
India: Extension of Deadline for Final Results of Antidumping Duty
Administration Review,'' dated March 16, 2021.
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Commerce conducted this administrative review in accordance with
section 751(a) of the Act.
[[Page 29250]]
Scope of the Order
The product covered by the scope of the antidumping duty order for
this proceeding is fine denier polyester staple fiber (fine denier PSF)
from India. For a complete description of the scope, see the Issues
Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the Antidumping Duty Administrative Review of Fine Denier
Polyester Staple Fiber from India; 2018-2019,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Analysis of the Comments Received
We addressed all issues raised in the case and rebuttal briefs
submitted by parties in this review in the Issues and Decision
Memorandum. A list of the sections in the Issues and Decision
Memorandum is in the appendix to this notice. The Issues and 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 http://<a href="http://access.trade.gov">access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Changes Since the Preliminary Results
We calculated the cash deposit rate for RIL by offsetting its final
dumping margin by the export subsidy rate calculated for RIL in the
most recently completed segment of the companion countervailing duty
(CVD) proceeding rather than offsetting it by the export subsidy rate
calculated for RIL in the investigation in the companion CVD
proceeding. We made no other changes since the Preliminary Results.
Use of Adverse Facts Available
Pursuant to sections 776(a) and 776(b) of the Act, Commerce
continues to base RIL's dumping margin on total AFA because it withheld
information requested for sales and cost reconciliations, did not
provide accurate control numbers, as requested by Commerce and in
conformity with Commerce's instructions, and did not provide requested
information regarding companies owned by family members. We have
continued to use an AFA rate of 21.43 percent, which is the AFA rate
applied to RIL in the less-than-fair-value investigation in this
proceeding.\7\
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\7\ 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), and accompanying Issues and
Decision Memorandum (Final Determination).
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Final Results of the Review
We are assigning the following dumping margin to the firm listed
below for the period January 5, 2018 through June 30, 2019:
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Estimated
weighted- Cash deposit
average rate adjusted
Exporter/producer dumping for subsidy
margin offset
(percent) (percent)
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Reliance Industries Limited............. 21.43 19.89
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with final results of an administrative review
within five days of its public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b). However, because Commerce
applied total AFA to the mandatory respondent under review in
accordance with section 776 of the Act, there are no calculations to
disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this 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 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 in the
Federal Register, as provided for by section 751(a)(2)(C) of the Act:
(1) The cash deposit rate for RIL will be equal to the cash deposit
rate listed for RIL in the table above; (2) for merchandise exported by
manufacturers or exporters not covered by 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 cash deposit rate established in the less-than-
fair-value investigation.\8\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\8\ See Final Determination, 83 FR at 24737.
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Notification to Importers
This notice serves as a final 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 Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information
[[Page 29251]]
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Issues Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Continue to Apply Total AFA
A. Reconciliations
B. CONNUMs
C. Affiliations
V. Recommendation
[FR Doc. 2021-11463 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P
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