Notice2022-14898
Fine Denier Polyester Staple Fiber From India: Final 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
July 13, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were being provided to Reliance Industries Limited (Reliance) that are above de minimis during the period of review (POR), January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41663-41664]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14898]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-876]
Fine Denier Polyester Staple Fiber From India: Final Results of
Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were being provided to Reliance Industries
Limited (Reliance) that are above de minimis during the period of
review (POR), January 1, 2020, through December 31, 2020.
DATES: Applicable July 13, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2022, Commerce published the Preliminary Results of
this review.\1\ A summary of the events that occurred since Commerce
published the Preliminary Results, as well as a full discussion of the
issues raised by parties for these final results, are discussed in 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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\1\ See Fine Denier Polyester Staple Fiber from the Republic of
India: Preliminary Results of Countervailing Duty Administrative
Review; 2020, 87 FR 12936 (March 8, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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
(Issues and Decision Memorandum).
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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 11681 (March 16, 2018) (Order).
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The merchandise covered by this Order is fine denier polyester
staple fiber. For a complete description of the scope of this order,
see the Issues and Decision Memorandum.
Analysis of Comments Received and Changes Since the Preliminary Results
All issues raised in the case brief submitted by Auriga Polymers,
Inc., Fiber Industries LLC, and Nan Ya Plastics Corporation, America
are addressed in the Issues and Decision Memorandum. A list of the
issues discussed in the Issues and Decision Memorandum is included as
the appendix to this notice. Based on our analysis of the comments
received and record information, we revised the countervailing duty
(CVD) subsidy rates calculated for Reliance. These changes are
explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we 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 description of the methodology
underlying Commerce's conclusions, see the Issues and 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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Final Results of Review
In accordance with section 751(a)(1) of the Act and 19 CFR
351.221(b)(5), we find the net countervailable subsidy rate
[[Page 41664]]
for the POR January 1, 2020, through December 31, 2020 to be as
follows:
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Subsidy
rate
Company (percent ad
valorem)
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Reliance Industries Limited................................ 6.88
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Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results to interested parties within five
days of the date of publication of this notice in the Federal
Register.\5\
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\5\ See 19 CFR 351.224(b).
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, CVDs on all appropriate entries covered
by this review. Commerce intends to issue appropriate assessment
instructions to CBP no earlier than 35 days after the date of this
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
In accordance with section 751(a)(1) of the Act, we also intend to
instruct CBP to collect cash deposits of estimated CVDs in the amount
shown above. For all non-reviewed firms, CBP will continue to collect
cash deposits of estimated CVDs at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to 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 315.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the 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 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).
Dated: July 6, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Land Benchmark
Comment 2: Correction of Errors Regarding the Duty Drawback
(DDB) Program
Comment 3: Correction of Errors Regarding the Special Economic
Zone (SEZ) Program
Comment 4: Correct Subsidy Rate
IX. Recommendation
[FR Doc. 2022-14898 Filed 7-12-22; 8:45 am]
BILLING CODE 3510-DS-P
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