Notice2021-23126
Polyester Textured Yarn From Indonesia: 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 Indonesia 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 58875-58876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23126]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-838]
Polyester Textured Yarn From Indonesia: 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 Indonesia 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: Toni Page or Peter Shaw, 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) 482-1398 or (202) 482-0697,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2021, Commerce published in the Federal Register its
Preliminary Determination of sales of polyester textured yarn from
Indonesia at LTFV.\1\ Commerce invited interested parties to comment on
the Preliminary Determination.
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\1\ See Polyester Textured Yarn from Indonesia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 29742 (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\
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\2\ See Memorandum, ``Polyester Textured Yarn from Indonesia:
Issues and Decision Memorandum for the Final Affirmative
Determination of Sales at Less Than Fair Value Investigation,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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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>.
Scope Comments
On May 26, 2021, we issued a 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.
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Scope of the Investigation
The product covered by this investigation is polyester textured
yarn from Indonesia. 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 Letters, '' Revised In Lieu of Verification
Questionnaire for PT. Asia Pacific Fibers Tbk in the Antidumping
Duty Investigation of Polyester Textured Yarn from Indonesia,''
dated August 4, 2021; and ``Revised in Lieu of Verification
Questionnaire for PT. Mutu Gading Tekstil in the Antidumping Duty
Investigation of Polyester Textured Yarn from Indonesia,'' dated
August 4, 2021; see also PT. Asia Pacific Fibers Tbk's Letter,
``Polyester Textured Yarn from Indonesia: Submission of Response to
the Revised Questionnaire in Lieu of Verification,'' dated August
13, 2021; and PT. Mutu Gading Tekstil's Letter, ``Polyester Textured
Yarn from Indonesia: Submission of Response to Revised in Lieu of
Verification Questionnaire,'' dated August 13, 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,
which is hereby adopted by this notice. 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 from interested
parties, we made certain changes to the dumping margin calculations for
PT. Asia Pacific Fibers Tbk (Asia Pacific), PT. Mutu Gading Tekstil
(Mutu Gading), and the All-Others rate. For a discussion of these
changes, see the Issues and Decision Memorandum.
Use of Facts Available and Adverse Facts Available
We find that the use of facts available is warranted in determining
the rate for mandatory respondent PT. Polyfin Canggih (Polyfin),
pursuant to sections 776(a)(1) and (2)(A)-(C) of the Act, and the rate
for mandatory respondent Asia Pacific, pursuant to sections 776(a)(1)
and (2)(A)-(D) of the Act.\6\ Further, use of adverse facts available
is warranted with respect to Polyfin and Asia Pacific because these two
mandatory respondents did not cooperate to the best of their ability to
comply with our requests for information and, accordingly, we applied
adverse inferences in selecting from the facts available, pursuant to
section 776(b) of the Act and 19 CFR 351.308(a).
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\6\ See Issues and Decision Memorandum at ``Use of Adverse Facts
Available.''
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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
individually investigated exporters and producers, 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 Mutu Gading but is using an
[[Page 58876]]
adverse facts available rate for Asia Pacific and Polyfin. Therefore,
the only rate which is not zero, de minimis, or determined entirely
under section 776 of the Act is the rate calculated for Mutu Gading.
Consequently, the rate calculated for Mutu Gading 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
Producer or exporter dumping
margin
(percent)
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PT. Polyfin Canggih......................................... * 26.07
PT. Asia Pacific Fibers Tbk................................. * 26.07
PT. Mutu Gading Tekstil..................................... 7.47
All Others.................................................. 7.47
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* Adverse Facts Available (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
Indonesia, 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, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) The cash deposit rate
for the respondents 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 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. 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 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, 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. Use of Facts Available and Adverse Facts Available
VI. Discussion of the Issues
Comment 1: Whether Total Adverse Facts Available is Warranted
Regarding Asia Pacific's Cost Verification Information
Comment 2: Mutu Gading's Reported Control Numbers (CONNUMs)
Comment 3: Mutu Gading's Reported Gross Unit Price
Comment 4: Mutu Gading's Inland Freight Expenses
Comment 5: Mutu Gading's Ocean Freight Expenses
Comment 6: Mutu Gading's Bank Charges
Comment 7: Mutu Gading's Commission Expenses (COMMH)
Comment 8: Mutu Gading's POI Sales Reconciliation
Comment 9: Whether Mutu Gading's Reported Sales are Unreliable
and Warrant the Application of Total Adverse Facts Available
Comment 10: Whether Mutu Gading's Reported Costs are Unreliable
and Warrant the Application of Total Adverse Facts Available
Comment 11: Whether Commerce Should Use Mutu Gading's Fiscal
Year 2019 Financial Statements for the General and Administrative
and Interest Expense Ratios
VII. Recommendation
[FR Doc. 2021-23126 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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