Notice2021-23124
Polyester Textured Yarn From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value
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
October 25, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that polyester textured yarn from Thailand is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019, through September 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)</title>
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[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58883-58885]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23124]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-843]
Polyester Textured Yarn From Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
polyester textured yarn from Thailand is being, or is likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation is October 1, 2019, through September 30, 2020.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2483.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2021, Commerce published its Preliminary
Determination.\1\ Commerce invited interested parties to comment on the
Preliminary Determination.
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\1\ See Polyester Textured Yarn from Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 29746 (June 3, 2021) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and Decision Memorandum is a public document and is
available electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Polyester Textured Yarn from Thailand,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope Comments
On May 26, 2021, we issued the Preliminary Scope Decision
Memorandum.\3\ The scope case briefs were due on July 9, 2021.\4\ We
did not receive any scope case briefs from interested parties.
Therefore, Commerce has not made any changes to the scope of this
investigation since the Preliminary Determination.
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\3\ See Memorandum, ``Antidumping Duty Investigations of
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and
Vietnam: Preliminary Scope Decision Memorandum,'' dated May 26, 2021
(Preliminary Scope Decision Memorandum).
\4\ The scope case briefs were due ``no later than 15 days after
the responses to the scope supplemental questionnaires on
intermingled textured yarn are filed.'' Id. at 3. The last scope
supplemental response was submitted on June 24, 2021. See Recron
(Malaysia) Sdn. Bhd.'s Letter, ``Scope Supplemental Questionnaire
Response,'' dated June 24, 2021. No information was provided in the
responses to the scope supplemental questionnaires that was
sufficient for us to revise our findings in the Preliminary Scope
Decision Memorandum.
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Scope of the Investigation
The product covered by this investigation is polyester textured
yarn from Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\5\
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\5\ See Commerce's Letter, ``Antidumping Duty (AD) In Lieu of
Verification Questions,'' dated July 6, 2021, and Sunflag's Letter,
``Polyester Textured Yarn from Thailand: Response to the In Lieu of
Verification Questionnaire,'' dated July 14, 2021.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes From the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculation for Sunflag Thailand Ltd. (Sunflag)
since the Preliminary Determination. See the Issues and Decision
Memorandum for a discussion of these changes.
Use of Adverse Facts Available
The mandatory respondent Jong Stit Co., Ltd. (Jong Stit) did not
respond to Commerce's initial antidumping duty questionnaire in this
investigation.\6\ Therefore, in the Preliminary Determination, pursuant
to sections 776(a) and 776(b) of the Act, we assigned to Jong Stit the
highest Petition margin based on adverse facts available (AFA). No
party filed comments concerning the Preliminary Determination with
respect to Jong Stit, and there is no new information on the record
that would cause us to revisit the Preliminary Determination.
Accordingly, we continue to find that the application of AFA pursuant
to sections 776(a) and (b) of the Act is warranted with respect to Jong
Stit. Consistent with the Preliminary Determination, Commerce has
assigned to Jong Stit the highest Petition margin, which is 56.80
percent. For further information, see the section ``Application of
Facts Available and Use of Adverse Inferences'' in the Preliminary
Determination PDM.
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\6\ See Preliminary Determination PDM at 2.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-
[[Page 58884]]
average dumping margin for all other producers and exporters not
individually investigated shall be equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding rates that are zero,
de minimis, or determined entirely under section 776 of the Act. In
this investigation, Commerce has assigned a rate based entirely on
facts available to Jong Stit. Therefore, the only rate that is not
zero, de minimis or based entirely on facts otherwise available is the
rate calculated for Sunflag. Consequently, the rate calculated for
Sunflag is also assigned as the rate for all other producers and
exporters.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Sunflag Thailand Ltd........................................ 14.47
Jong Stit Co., Ltd.......................................... * 56.80
All Others.................................................. 14.47
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* (AFA).
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of polyester textured yarn from
Thailand, as described in Appendix I of this notice, which were entered
or withdrawn from warehouse for consumption on or after June 3, 2021,
the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for such entries of merchandise equal to the
following: (1) The cash deposit rate for the respondents listed in the
table above will be equal to the company-specific estimated weighted-
average dumping margin determined in this final determination; (2) if
the exporter is not a respondent identified above but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin listed in the table above. These
suspension of liquidation instructions will remain in effect until
further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of subject
merchandise from Thailand no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Order
This notice serves as a reminder to the parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: October 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation, 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 packaging method (such as spindles, tubes, or beams).
The merchandise subject to this investigation is properly
classified under subheadings 5402.33.3000 and 5402.33.6000 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether the Facts Warrant Application of Adverse
Facts Available
Comment 2: Whether Sunflag Failed to Provide Complete and
Accurate Chart of Accounts, Trial Balances, and Sales and Cost
Reconciliation Worksheet Responses as Requested
Comment 3: Whether Sunflag Reconciled U.S. Sales Data
Comment 4: Whether Sunflag Failed to Report Containerization
Expenses
Comment 5: Whether There is Missing Cost Data
Comment 6: Whether Sunflag Withheld the Reporting of Certain
Items Pertaining to its Inventory Worksheet
Comment 7: Whether Sunflag's Product Codes and Control Numbers
Agree
Comment 8: Whether Sunflag's U.S. Sales Information Failed to
Verify
Comment 9: Whether Sunflag's Home Market Sales Information
Failed to Verify
Comment 10: Whether Sunflag Failed to Report Freight Revenues
Comment 11: Whether Sunflag Failed to Report Port Expenses and
Customs Broker Expenses
Comment 12: Whether Sunflag Fully Documented International
Freight Expenses
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Comment 13: Whether Job Work Costs Are Misclassified
Comment 14: Whether Use of a Quarterly Cost Methodology is
Warranted
Comment 15: Whether Commerce Should Allow a COVID-19 Partial
Shut Down Adjustment
Comment 16: Whether Commerce Should Correct the Error in the
Calculation of Its Adjustment to Sunflag's COVID-19 Adjustment
Comment 17: Appropriate Data Sets
VI. Recommendation
[FR Doc. 2021-23124 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 25, 2021.
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