Notice2021-27003
Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders
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
December 14, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the antidumping duty orders on polyester textured yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam (Vietnam).
Full Text
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<title>Federal Register, Volume 86 Issue 237 (Tuesday, December 14, 2021)</title>
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[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71031-71033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27003]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-838, A-557-823, A-549-843, A-552-832]
Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and
the Socialist Republic of Vietnam: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing the antidumping duty orders on polyester textured
yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of
Vietnam (Vietnam).
DATES: Applicable December 14, 2021.
FOR FURTHER INFORMATION CONTACT: Peter Shaw at (202) 482-0697 or Toni
Page at (202) 482-1398 (Indonesia); Daniel Alexander at (202) 482-4313
(Malaysia); Stephanie Berger at (202) 482-2483 (Thailand); and Preston
Cox at (202) 482-5041 (Vietnam); AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 25,
2021, Commerce published its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of imports of polyester
textured yarn from Indonesia, Malaysia, Thailand, and Vietnam.\1\ On
December 7, 2021, the ITC notified Commerce of its affirmative final
determinations, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of the LTFV imports of
polyester textured yarn from Indonesia, Malaysia, Thailand, and
Vietnam.\2\
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\1\ See Polyester Textured Yarn from Indonesia: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
58875 (October 25, 2021); Polyester Textured Yarn from Malaysia:
Final Affirmative Determination of Sales at Less-Than Fair-Value, 86
FR 58869 (October 25, 2021); Polyester Textured Yarn from Thailand:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 58883 (October 25, 2021); and Polyester Textured Yarn from the
Socialist Republic of Vietnam: Final Affirmative Determination of
Sales at Less Than Fair Value, 86 FR 58877 (October 25, 2021) (Final
Determination Vietnam) (collectively, Final Determinations).
\2\ See ITC's Letter, dated December 7, 2021.
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Scope of the Orders
The product covered by these orders is polyester textured yarn from
Indonesia, Malaysia, Thailand, and Vietnam. For a complete description
of the scope of these orders, see the appendix to this notice.
Antidumping Duty Orders
On December 7, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of LTFV imports of polyester textured
yarn from Indonesia, Malaysia, Thailand, and Vietnam.\3\ Therefore, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing these antidumping duty orders.
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\3\ Id.
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Because the ITC determined that imports of polyester textured yarn
from Indonesia, Malaysia, Thailand, and Vietnam are materially injuring
a U.S. industry, unliquidated entries of subject merchandise from
Indonesia, Malaysia, Thailand, and Vietnam, entered into the United
States or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties. Therefore, in accordance with section
736(a)(1) of the Act, Commerce will direct U.S. Customs and Border
Protection (CBP) to assess, upon further instructions by Commerce,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the subject merchandise, for all relevant entries of polyester textured
yarn from Indonesia, Malaysia, Thailand, and Vietnam. Antidumping
duties will be assessed on unliquidated entries of polyester textured
yarn from Indonesia, Malaysia, Thailand, or Vietnam entered, or
withdrawn from warehouse, for consumption on or after June 3, 2021, the
date of publication of the Preliminary Determinations,\4\ but will
[[Page 71032]]
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determinations as further described below.
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\4\ 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); 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); 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); 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) (collectively,
Preliminary Determinations).
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Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to continue to suspend liquidation of polyester textured yarn from
Indonesia, Malaysia, Thailand, and Vietnam as described in the appendix
to this notice which are entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determinations in the Federal Register. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determinations, CBP will require, at the same
time as importers would normally deposit estimated duties on the
subject merchandise, a cash deposit equal to the rates listed below.\5\
For Indonesia, Malaysia, and Thailand, the all-others rate applies to
all producers or exporters not specifically listed. For Vietnam, the
rate for the Vietnam-wide entity applies to all exporters not
specifically listed.
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\5\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except that Commerce may extend the four-
month period to no more than six months at the request of exporters
representing a significant proportion of exports of the subject
merchandise. At the request of exporters accounting for a significant
proportion of polyester textured yarn from Indonesia, Malaysia,
Thailand, and Vietnam, Commerce extended the four-month period to six
months in this proceeding in each of these investigations.\6\ The
extended provisional measures period began on June 3, 2021, and ended
on November 29, 2021.
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\6\ See Preliminary Determinations.
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Therefore, in accordance with section 733(d) of the Act and its
practice, Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of polyester textured yarn from Indonesia,
Malaysia, Thailand, and Vietnam entered or withdrawn from warehouse for
consumption after November 29, 2021, the final day on which the
provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
determinations in the Federal Register. Suspension of liquidation and
collection of cash deposits will resume on the date of publication of
the ITC's final determinations in the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Indonesia
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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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Malaysia
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
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Recron (Malaysia) Sdn. Bhd.................................. 8.50
All Others.................................................. 8.50
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Thailand
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Estimated
weighted-
average
Producer or exporter 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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Vietnam
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Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
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Century Single Entity \7\......... Century Single 2.58
Entity.
Vietnam-Wide Entity............... .................... 22.36
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* The rate was assigned based on facts available with adverse
inferences.
Establishment of the Annual Inquiry Service Lists
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\7\ The Century Single Entity is comprised of Century Synthetic
Fiber Corporation and Century Synthetic Fiber Corporation-Branch.
See Final Determination Vietnam, 86 FR 58877, n.5.
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On September 20, 2021, Commerce published Regulations to Improve
Administration and Enforcement of Antidumping and Countervailing Duty
Laws, 86 FR 52300 (September 20, 2021) (Final Rule). On September 27,
2021, Commerce also published Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR 53205 (September 27,
2021) (Procedural Guidance). The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or a request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same
[[Page 71033]]
merchandise from the same country of origin.\8\
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\8\ See Final Rule, 86 FR 52335-37; and Procedural Guidance.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \9\
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\9\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \10\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\10\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam
pursuant to section 736(a) of the Act. Interested parties can find a
list of antidumping duty orders currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: December 8, 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--Scope of the Orders
The merchandise covered by these orders, 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 these orders is properly classified
under subheadings 5401.10.0000, 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.
[FR Doc. 2021-27003 Filed 12-13-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 14, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.