Notice2023-12261
Fine Denier Polyester Staple Fiber From India: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
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
June 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on fine denier polyester staple fiber (fine denier PSF) from India would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 110 (Thursday, June 8, 2023)</title>
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[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37513-37514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12261]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-876]
Fine Denier Polyester Staple Fiber From India: Final Results of
the Expedited First Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on fine denier
polyester staple fiber (fine denier PSF) from India would be likely to
lead to continuation or recurrence of countervailing subsidies at the
levels indicated in the ``Final Results of Sunset Review'' section of
this notice.
DATES: Applicable June 8, 2023.
FOR FURTHER INFORMATION CONTACT: Luke Caruso, 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) 482-2081.
SUPPLEMENTARY INFORMATION:
Background
On March 16, 2018, Commerce published in the Federal Register the
CVD order on fine denier PSF from India.\1\ On February 1, 2023,
Commerce initiated the first sunset review of the Order, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On
February 15, 2023, Commerce received a timely notice of intent to
participate from Auriga Polymers Inc., Fiber Industries LLC, Nan Ya
Plastics Corporation, America, and Sun Fiber LLC (collectively, the
domestic interested parties) within the 15-day deadline specified in 19
CFR 351.218(d)(1)(i).\3\ The domestic interested parties claimed
interested party status under section 771(9)(C) of the Act and 19 CFR
351.102(b)(29)(v) as producers of the domestic like product.
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\1\ 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).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700
(February 1, 2023) (Initiation Notice).
\3\ See Domestic Interested Parties' Letter, ``Fine Denier
Polyester Staple Fiber from India--Domestic Interested Parties'
Notice of Intent to Participate,'' dated February 15, 2023.
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On March 3, 2023, Commerce received an adequate substantive
response to the Initiation Notice from the domestic interested parties
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We
received no substantive responses from any other interested parties,
including the Government of India, and no interested party requested a
hearing. On March 23, 2023, Commerce notified the U.S. International
Trade Commission that it did not receive an adequate substantive
response from respondent interested parties, and that Commerce would
conduct an expedited (120-day) sunset review of the Order,\5\ pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)-(C).
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\4\ See Domestic Interested Parties' Letter, ``Fine Denier
Polyester Staple Fiber from India--Domestic Interested Parties'
Substantive Response,'' dated March 3, 2023.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on
February 1, 2023,'' dated March 23, 2023.
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Scope of the Order
The product covered by the Order is fine denier PSF. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the Expedited First Sunset 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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Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum. A list of the issues
discussed in the Issues and Decision Memorandum is attached as the
appendix to this notice. 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/FRNotices/ListLayout.aspx">https://access.trade.gov/public/FRNotices/ListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would likely lead to
continuation or recurrence of countervailable subsidies at the
following net countervailable subsidy rates:
[[Page 37514]]
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Subsidy rate
Company (percent ad
valorem)
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Bombay Dyeing & Manufacturing Company Limited............. 14.35
Reliance Industries Limited............................... 28.33
All Others................................................ 25.77
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Administrative Protective Order
This notice serves as the only 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 351.305(a). Timely written notification
of the 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 violation which is subject to
sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act
and 19 CFR 351.218.
Dated: June 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-12261 Filed 6-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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