Notice2021-23127
Polyester Textured Yarn From the Socialist Republic of Vietnam: 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 the Socialist Republic of Vietnam (Vietnam) is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is April 1, 2020, 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 58877-58878]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23127]
[[Page 58877]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-832]
Polyester Textured Yarn From the Socialist Republic of Vietnam:
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 the Socialist Republic of Vietnam
(Vietnam) is being, or is likely to be, sold in the United States at
less than fair value. The period of investigation is April 1, 2020,
through September 30, 2020.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT: Preston Cox or Yang Jin Chun, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-5760,
respectively.
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 the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 86 FR 29750 (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 the Socialist
Republic of Vietnam: 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 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 Vietnam. 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, ``Questionnaire In Lieu of
Verification,'' dated June 23, 2021; and the Century Single Entity's
Letter, ``Response to Questionnaire in Lieu of Verification,'' dated
July 1, 2021. The Century Single Entity is comprised of Century
Synthetic Fiber Corporation and Century Synthetic Fiber Corporation-
Branch. See Memorandum, ``Less-Than-Fair-Value Investigation of
Polyester Textured Yarn from the Socialist Republic of Vietnam:
Affiliation and Collapsing Analysis for Century Synthetic Fiber
Corporation and Century Synthetic Fiber Corporation-Branch,'' dated
May 26, 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.
Vietnam-Wide Entity and Use of Adverse Facts Available
We continue to find that the use of facts available is warranted in
determining the rate for the Vietnam-wide entity pursuant to sections
776(a)(1) and (2)(A)-(C) of the Act.\6\ Further, use of adverse facts
available is warranted with respect to the Vietnam-wide entity because
the Vietnam-wide entity did not cooperate to the best of its 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 Preliminary Determination PDM at 15-17.
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Changes From the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the dumping margin calculations for the Century Single
Entity and the Vietnam-wide entity.\7\
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\7\ See the Issues and Decision Memorandum for a discussion of
these changes.
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Combination Rate
Consistent with the Preliminary Determination \8\ and Policy
Bulletin 05.1,\9\ Commerce calculated a combination rate for the
Century Single Entity, the sole respondent eligible for a separate rate
in this investigation.
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\8\ See Preliminary Determination.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at <a href="http://enforcement.trade.gov/policy/bull05-1.pdf">http://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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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 Producer dumping
margin
(percent)
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Century Single Entity............... Century Single Entity. 2.58
Vietnam-Wide Entity................. ...................... 22.36
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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).
[[Page 58878]]
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
Vietnam, 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 weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) The cash deposit rate for the
exporter/producer combination listed in the table above will be the
rate identified in the table; (2) for all combinations of Vietnamese
exporters/producers of subject merchandise that have not received their
own separate rate above, the cash-deposit rate will be the cash deposit
rate established for the Vietnam-wide entity; and (3) for all non-
Vietnamese exporters of subject merchandise which have not received
their own separate rate above, the cash-deposit rate will be the cash
deposit rate applicable to the Vietnamese exporter/producer combination
(or the Vietnam-wide entity) that supplied that non-Vietnamese
exporter. 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 Vietnam 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. Surrogate Country
IV. Separate Rate
V. Vietnam-Wide Rate
VI. Changes Since the Preliminary Determination
VII. Scope of the Investigation
VIII. Discussion of the Issues
Comment 1: Selection of Financial Statements
Comment 2: Calculations of Surrogate Financial Ratios
Comment 3: Auxiliary Electricity
Comment 4: Electricity Valuation
Comment 5: Masterbatch PET Chips Valuation
Comment 6: PET Chips Valuation
Comment 7: Scrap Offset
Comment 8: Polyethylene Strap
IX. Recommendation
[FR Doc. 2021-23127 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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