Notice2021-24642
Fine Denier Polyester Staple Fiber from India: Final 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
November 12, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) assigned Reliance Industries Limited (RIL), the sole respondent subject to this antidumping duty (AD) administrative review, a dumping margin based on total adverse facts available (AFA). The period of review (POR) is July 1, 2019, through June 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62786-62788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24642]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-875]
Fine Denier Polyester Staple Fiber from India: Final Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) assigned Reliance
Industries Limited (RIL), the sole respondent subject to this
antidumping duty (AD) administrative review, a dumping margin based on
total adverse facts available (AFA). The period of review (POR) is July
1, 2019, through June 30, 2020.
DATES: Applicable November 12, 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 July 22, 2021, Commerce published in the Federal Register the
preliminary results of this administrative review of the AD order on
fine denier polyester staple fiber (fine denier PSF) from India.\1\
Although we provided interested parties with an opportunity to comment
on the Preliminary Results, no interested party submitted comments.
Accordingly, no decision memorandum accompanies this Federal Register
notice.\2\
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\1\ See Fine Denier Polyester Staple Fiber from India:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 38683 (July 22, 2021) (Preliminary Results), and the
accompanying Preliminary Decision Memorandum (PDM).
\2\ For further details on the issues addressed in this review,
see Preliminary Results PDM.
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Commerce conducted this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order \3\
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\3\ See Fine Denier Polyester Staple Fiber from the People's
Republic of China and India: Amended Final Affirmative
Countervailing Duty Determination for the People's Republic of China
and Countervailing Duty Orders for the People's Republic of China
and India, 83 FR 12149 (March 20, 2018) (Order).
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The product covered by the Order is fine denier polyester staple
fiber from India. For a complete description of the
[[Page 62787]]
scope of the Order, see the Preliminary Decision Memorandum.
Changes Since the Preliminary Results
Rather than subtracting the export subsidy rate that Commerce
determined in the 2017-2018 administrative review in the companion
countervailing duty (CVD) proceeding \4\ from the AFA rate assigned to
RIL to derive its cash deposit rate, we subtracted the export subsidy
rate calculated for RIL in the most recently completed segment of the
companion CVD proceeding.\5\
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\4\ See Fine Denier Polyester Staple Fiber from India: Final
Results of Countervailing Duty Administrative Review; 2017-2018, 85
FR 86537 (December 30, 2020).
\5\ See Fine Denier Polyester Staple Fiber from India: Final
Results of Countervailing Duty Administrative Review; 2019, 86 FR
50047 (September 7, 2021).
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Use of Adverse Facts Available
We continue to find that the application of total AFA, pursuant to
sections 776(a) and (b) of the Act, is warranted in determining RIL's
dumping margin because it withheld information regarding its sales and
cost reconciliations and potential affiliations, incorrectly reported
control numbers, and provided unreliable and unusable sales and cost
databases.\6\ Therefore, as in the Preliminary Results, as AFA, we
assigned RIL a dumping margin of 21.43 percent. No interested party
commented on this determination.
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\6\ See Preliminary Results.
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Commerce is not required to corroborate any dumping margin applied
in a separate segment of the same proceeding. Because the 21.43 percent
rate was applied in a separate segment of this proceeding, Commerce
does not need to corroborate the rate in this review.
Final Results of the Review
The final estimated weighted-average dumping margin is as follows:
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Cash deposit rate
Estimated weighted- adjusted for
Exporter/producer average dumping subsidy offset
margin (percent) (percent) \7\
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Reliance Industries Limited... 21.43 19.33
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\7\ We subtracted the 2.10 percent export subsidy rate that Commerce
calculated in the most recently completed segment of the companion CVD
proceeding (i.e., the final results of the 2019 administrative
review), from the dumping margin of 21.43 percent.
Disclosure
Normally, Commerce discloses to parties to the proceeding the
calculations that it performed in connection with the final results of
an AD administrative review within five days after the date of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because Commerce applied a dumping margin to RIL based entirely on AFA
in accordance with section 776 of the Act, there are no calculations to
disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. 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 in the Federal Register, 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, adjusted for the subsidy offset, from
the table above; (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 most
recently established rate for the manufacturer or exporter in a
completed segment of this proceeding; (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 most recently established rate for the manufacturer of the
merchandise in a completed segment of the proceeding; 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.\8\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\8\ 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).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These final 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 351.221(b)(5).
[[Page 62788]]
Dated: November 5, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of The Acting Assistant Secretary
for Enforcement and Compliance.
[FR Doc. 2021-24642 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P
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