Notice2022-04889
Fine Denier Polyester Staple Fiber From India: Preliminary Results of Countervailing Duty Administrative Review; 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
March 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Reliance Industries Limited (Reliance), a producer/exporter of fine denier polyester staple fiber (fine denier PSF) from India, received countervailable subsidies that are above de minimis during the period of review, January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 45 (Tuesday, March 8, 2022)</title>
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[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12936-12937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04889]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-876]
Fine Denier Polyester Staple Fiber From India: Preliminary
Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Reliance Industries Limited (Reliance), a producer/exporter of
fine denier polyester staple fiber (fine denier PSF) from India,
received countervailable subsidies that are above de minimis during the
period of review, January 1, 2020, through December 31, 2020.
DATES: Applicable March 8, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2021, Commerce published a notice of initiation of an
administrative review of the countervailing duty order on fine denier
PSF from India with respect to Reliance.\1\ On November 5, 2021,
Commerce postponed the preliminary results of this review by 90 days
until March 1, 2022, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act).\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 23925 (May 5, 2021) (Initiation
Notice).
\2\ See Memorandum, ``2020 Countervailing Duty Administrative
Review of Fine Denier Polyester Staple Fiber from India: Extension
of Deadline for Preliminary Results,'' dated November 5, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic 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 Preliminary 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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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020 Administrative Review of the Countervailing Duty
Order on Fine Denier Polyester Staple Fiber from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is fine denier polyester
staple fiber (fine denier PSF). For a complete description of the scope
of the order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Act. For each of the subsidy programs
found countervailable, we preliminarily find that there is a subsidy,
i.e., a government-provided financial contribution that gives rise to a
benefit to the recipient, and that the subsidy is specific.\4\ For a
full description of the
[[Page 12937]]
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5)(A) of the Act regarding specificity.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate for the sole mandatory
respondent, Reliance, for the period January 1, 2020, through December
31, 2020:
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Subsidy
rate
Company (percent
ad
valorem)
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Reliance Industries Limited................................ 5.82
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Assessment Rate
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing 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 Rate
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount indicated above with regard to
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. For all non-reviewed firms, Commerce will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
instructions, when imposed, shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties in this proceeding the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results in the Federal Register.\5\
Interested parties may submit written comments (case briefs) on the
preliminary results no later than 30 days from the date of publication
of this Federal Register notice, and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing case
briefs.\6\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\7\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\7\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\8\ Hearing requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.\9\ Parties should confirm
by telephone the date and time of the hearing two days before the
scheduled date.
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\8\ See 19 CFR 351.310(c).
\9\ Id.
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Parties are reminded that all briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\10\
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\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213
and 19 CFR 351.221(b)(4).
Dated: March 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2022-04889 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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