Notice2021-15608
Fine Denier Polyester Staple Fiber From India: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
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
July 22, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) has 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). The period of review (POR) is July 1, 2019, through June 30, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38683-38685]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15608]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-875]
Fine Denier Polyester Staple Fiber From India: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has 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). The period
of review (POR) is July 1, 2019, through June 30, 2020.
DATES: Applicable July 22, 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
On September 3, 2020, Commerce published in the Federal Register
the notice of initiation of an AD administrative review of fine denier
polyester staple fiber (fine denier PSF) from India, covering RIL.\1\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
---------------------------------------------------------------------------
On March 24, 2021, Commerce extended the deadline for issuing the
preliminary results of this review from to April 2, 2021, to July 30,
2021.\2\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Fine Denier Polyester Staple Fiber from
India: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review,'' dated March 24, 2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Antidumping Duty Administrative Review of
Fine Denier Polyester Staple Fiber from India,'' dated concurrently
with, and hereby adopted by, this notice (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). For a
full description of the methodology underlying our conclusions, 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 to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users
[[Page 38684]]
at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Adverse Facts Available
Pursuant to sections 776(a) and (b) of the Act, Commerce has
preliminarily assigned RIL an AD margin of 21.43 percent, as AFA,
because it withheld information regarding its sales and cost
reconciliations, affiliates, incorrectly reported its control numbers,
and provided unreliable and unusable sales and cost databases. For
details regarding this determination, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists:
------------------------------------------------------------------------
Cash deposit rate
Estimated weighted- adjusted for
Exporter/producer average dumping subsidy offset
margin (percent) (percent)
------------------------------------------------------------------------
Reliance Industries Limited... 21.43 19.89
------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\4\ 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.\5\ If the preliminary results are unchanged for the
final results, we will instruct CBP to apply an ad valorem assessment
rate equal to RIL's weighted-average dumping margin in the final
results of this review to all entries of subject merchandise during the
POR from RIL.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.212(b).
\5\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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, 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, 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.\6\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses the calculations performed in
connection with preliminary results to interested parties within five
days after the date of public announcement or publication of this
notice.\7\ Because Commerce preliminarily applied a rate based entirely
on AFA in accordance with section 776 of the Act, to the only mandatory
respondent in this review, there are no calculations to disclose.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
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.\8\ 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.\9\ Executive summaries
should be limited to five pages total, including footnotes.\10\ Case
and rebuttal briefs should be filed using ACCESS.\11\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information.\12\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ Id.
\11\ See 19 CFR 351.303.
\12\ See Temporary Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing date and time. Interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS within 30 days after the date of publication of this notice.
Requests 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.
Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised by the
parties in the
[[Page 38685]]
written comments, within 120 days of publication of these preliminary
results in the Federal Register, unless otherwise extended.\13\
---------------------------------------------------------------------------
\13\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(h)(1).
Dated: July 16, 2021.
Christian Marsh,
Acting 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. 2021-15608 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.