Notice2024-25963
Polyester Textured Yarn From Indonesia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended 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
November 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On October 11, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in PT. Asia Pacific Fibers Tbk. v. United States and Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, Court no. 22-00007, sustaining the U.S. Department of Commerce's (Commerce) remand determination pertaining to the less-than- fair-value (LTFV) investigation on Polyester Textured Yarn from Indonesia covering the period October 1, 2019, through September 30, 2020. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in the investigation, and Commerce is amending the final determination and the resulting AD order with respect to the dumping margins assigned to PT. Asia Pacific Fibers Tbk (Asia Pacific) and all other producers and exporters of subject merchandise.
Full Text
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<title>Federal Register, Volume 89 Issue 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88725-88726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25963]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-838]
Polyester Textured Yarn From Indonesia: Notice of Court Decision
Not in Harmony With the Final Determination of Antidumping
Investigation; Notice of Amended Final Determination; Notice of Amended
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 11, 2024, the U.S. Court of International Trade
(CIT) issued its final judgment in PT. Asia Pacific Fibers Tbk. v.
United States and Unifi Manufacturing, Inc. and Nan Ya Plastics
Corporation, Court no. 22-00007, sustaining the U.S. Department of
Commerce's (Commerce) remand determination pertaining to the less-than-
fair-value (LTFV) investigation on Polyester Textured Yarn from
Indonesia covering the period October 1, 2019, through September 30,
2020. Commerce is notifying the public that the CIT's final judgment is
not in harmony with Commerce's final determination in the
investigation, and Commerce is amending the final determination and the
resulting AD order with respect to the dumping margins assigned to PT.
Asia Pacific Fibers Tbk (Asia Pacific) and all other producers and
exporters of subject merchandise.
DATES: Applicable October 21, 2024.
FOR FURTHER INFORMATION CONTACT: Peter Shaw, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0697.
SUPPLEMENTARY INFORMATION:
Background
On October 25, 2021, Commerce published its Final Determination in
the LTFV investigation of Polyester Textured Yarn from Indonesia.\1\
Commerce concluded that Asia Pacific failed to cooperate to the best of
its ability and thus determined the use of an adverse inference in
selecting from among the facts available (AFA) was warranted in
determining the rate for Asia Pacific. Commerce subsequently published
in the Federal Register the AD order on polyester textured yarn from
Indonesia.\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) (Final Determination), and accompanying
Issues and Decision Memorandum.
\2\ See Polyester Textured Yarn from Indonesia, Malaysia,
Thailand, and the Socialist Republic of Vietnam: Antidumping Duty
Orders, 86 FR 71031 (December 14, 2021) (Order).
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Asia Pacific appealed Commerce's Final Determination. On December
12, 2023, the CIT remanded the Final Determination.\3\ Specifically,
the CIT remanded to Commerce to prepare a verification report and to
provide Asia Pacific a reasonable opportunity to place information on
the record addressing any deficiencies found by Commerce in the
respondent's verification questionnaire responses and all parties the
opportunity to file case briefs.\4\
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\3\ See PT. Asia Pac. Fibers TBK v. United States, 673 F. Supp.
3d 1320 (CIT 2023).
\4\ Id., 673 F. Supp. 3d at 1333.
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In its final remand redetermination, issued August 8, 2024,
Commerce reconsidered its Final Determination, determining that AFA was
no longer warranted for Asia Pacific and recalculated the estimated
weighted-average dumping margin for Asia Pacific.\5\ The CIT sustained
Commerce's final redetermination.\6\ Asia Pacific's dumping margin is
now 9.20 percent. Consequently, the dumping margin applicable to all
other companies has changed and is now 8.72 percent.
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\5\ See Final Results of Redetermination Pursuant to Court
Remand, PT. Asia Pacific Fibers TBK v. United States, 673 F. Supp.
3d 1320 (CIT 2023), dated August 8, 2024 (Final Remand), at 6,
available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\6\ See PT. Asia Pac. Fibers TBK v. United States, No. 22-00007,
Slip Op. 24-113 (CIT October 11, 2024).
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Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's October 11,
2024, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Determination and Order. Thus, this
notice is published in fulfillment of the publication requirements of
Timken.
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\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\8\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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[[Page 88726]]
Amended Final Determination and Order
Because there is now a final court judgment, Commerce is amending
its Final Determination and Order to revise the dumping margins
assigned to Asia Pacific and all other producers and exporters of
subject merchandise, as follows:
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Weighted-
average
Producer or exporter dumping margin
(percent)
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PT. Asia Pacific Fibers Tbk............................. 9.20
All Others.............................................. 8.72
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Cash Deposit Requirements
Because Asia Pacific does not have a superseding cash deposit rate,
i.e., there have been no final results published in a subsequent review
of Asia Pacific, and because of the change to the rate assigned to all
other producers and exporters of subject merchandise, Commerce will
issue revised cash deposit instructions to U.S. Customs and Border
Protection (CBP).
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were produced or exported by Asia Pacific,
that were subject of Commerce's Final Determination, and subject to the
Order, and that were entered, or withdrawn from warehouse, for
consumption during the periods of June 3, 2021 through November 29,
2021 and December 13, 2021 through November 30, 2022. These entries
will remain enjoined pursuant to the terms of the injunction during the
pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced by or exported by Asia Pacific in
accordance with 19 CFR 351.212(b). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this
investigation when the importer-specific ad valorem assessment rate is
not zero or de minimis. Where an importer-specific ad valorem
assessment rate is zero or de minimis,\9\ we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\9\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: November 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-25963 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-DS-P
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