Notice2021-23125
Polyester Textured Yarn From Malaysia: 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 (yarn) from Malaysia 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 58869-58871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23125]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-823]
Polyester Textured Yarn From Malaysia: 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 (yarn) from Malaysia 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: Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2021, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of yarn
from Malaysia.\1\
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Commerce invited interested parties to comment on the Preliminary
Determination.
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\1\ See Polyester Textured Yarn from Malaysia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 29748 (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 on file
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, ``Polyester Textured Yarn from Malaysia:
Issues and Decision Memorandum for the Final Affirmative
Determination of Sales at Less Than Fair Value'' 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 were filed. See Preliminary Scope
Decision Memorandum at 3. The last scope supplemental response was
submitted on June 24, 2021. See Recron (Malaysia) Sdn. Bhd.
(Recron)'s Letter, ``Scope Supplemental Questionnaire Response,''
dated June 24, 2021.
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Scope of the Investigation
The product covered by this investigation is yarn from Malaysia.
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, ``In Lieu of Verification
Questionnaire for Recron (Malaysia) Sdn. Bhd. in the Less-Than-Fair-
Value Investigation of Polyester Textured Yarn from Malaysia,''
dated July 21, 2021; see also Recron's Letter, ``Polyester Textured
Yarn from Malaysia: Recron (Malaysia) Sdn. Bhd. In Lieu of
Verification Questionnaire Response,'' dated July 30, 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.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-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.
Commerce calculated an individual estimated weighted-average
dumping margin for Recron. Consequently, the rate calculated for Recron
is also assigned as the rate for all other producers and exporters.
Changes From the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the dumping margin calculations for Recron.\6\
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\6\ See the Issues and Decision Memorandum for a discussion of
these changes.
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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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Recron (Malaysia) Sdn. Bhd.................................. 8.50
All Others.................................................. 8.50
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Disclosure
Commerce intends to disclose its calculations and analysis
performed in this final determination to interested parties 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 yarn from Malaysia, 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 in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) The cash deposit rate for the
companies listed above will be equal to the company-specific estimated
weighted-average dumping margins determined in this final
determination; (2) if the exporter is not 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.
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 less than fair value. 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 Indonesia 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,
[[Page 58871]]
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: Recron's Internal Grade Categorization
Comment 2: Major Input Rule Adjustment Regarding Recron's
Reported Paraxylene Costs
Comment 3: Major Input Rule Adjustment Regarding Recron's
Purified Terephthalic Acid Costs
VI. Recommendation
[FR Doc. 2021-23125 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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