Notice2025-05288
Polyester Textured Yarn From India: Preliminary Results of Antidumping Duty Administrative Review; 2023
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 28, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that polyester textured yarn (yarn) from India was not sold at less than normal value (NV) during the period of review (POR), January 1, 2023, through December 31, 2023. We invite interested parties to comment on these preliminary results of review.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 59 (Friday, March 28, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14079-14081]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05288]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-885]
Polyester Textured Yarn From India: Preliminary Results of
Antidumping Duty Administrative Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that polyester textured yarn (yarn) from India was not sold at less
than
[[Page 14080]]
normal value (NV) during the period of review (POR), January 1, 2023,
through December 31, 2023. We invite interested parties to comment on
these preliminary results of review.
DATES: Applicable March 28, 2025.
FOR FURTHER INFORMATION CONTACT: Mira Warrier, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8031.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 2020, Commerce published in the Federal Register the
antidumping duty (AD) order on yarn from India.\1\ On January 2, 2024,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On March 5, 2024,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering one producer/exporter, AYM Syntex Ltd. (AYM).\3\
---------------------------------------------------------------------------
\1\ See Polyester Textured Yarn from India and the People's
Republic of China: Amended Final Antidumping Duty Determination for
India and Antidumping Duty Orders, 85 FR 1298 (January 10, 2020)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 63 (January 2,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 15827 (March 5, 2024).
---------------------------------------------------------------------------
On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ Pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), on
September 4, 2024, Commerce extended the deadline for the preliminary
results of this review until October 9, 2024.\5\ On December 9, 2024,
Commerce tolled certain deadlines in this administrative review by 90
days.\6\ The current deadline for the preliminary results of this
review is May 7, 2025.\7\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\8\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated September
4, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ Id.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Polyester
Textured Yarn from India; 2023,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the scope of the Order is yarn from
India. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act. NV is calculated in accordance
with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an 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
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
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>.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists for the period January 1, 2023,
through December 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
AYM Syntex Ltd............................................. 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations and analysis
performed to interested parties for these preliminary results within
five days after public announcement or, if there is no public
announcement, within five days after the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\9\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\10\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309.
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this administrative review, we instead
request that interested parties provide at the beginning of their
briefs a public executive summary for each issue raised in their
briefs.\12\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\13\
---------------------------------------------------------------------------
\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Final Service Rule.
---------------------------------------------------------------------------
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. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the respective case briefs.\14\ If a request for a hearing is
made, Commerce intends to hold the hearing at a date and time to be
determined and will notify the parties through ACCESS.\15\ Parties
should confirm the date, time, and location of
[[Page 14081]]
the hearing two days before the scheduled date. All submissions,
including case and rebuttal briefs, as well as hearing requests, should
be filed using ACCESS. An electronically-filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time on the established deadline.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310.
\15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
final results of this administrative review, Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise covered by
this review.\16\ If the respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, we intend to calculate an importer-specific ad
valorem AD assessment rate based on the ratio of the total amount of
dumping calculated for each importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\17\ We intend to instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis (i.e., 0.50 percent). If the weighted-
average dumping margin for the respondent or an importer-specific
assessment rate is zero or de minimis in the final results of review,
we intend to instruct CBP to liquidate entries without regard to
antidumping duties.\18\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.212(b).
\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\18\ Id. at 8102; see also 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by AYM
for which it did not know that the merchandise was destined for the
United States, we intend to instruct CBP to liquidate those entries at
the all-others rate in the original less-than-fair-value (LTFV)
investigation (i.e., 13.50 percent) \19\ if there is no rate for the
intermediate company(ies) involved in the transaction.\20\
---------------------------------------------------------------------------
\19\ See Order, 85 FR at 1300.
\20\ Id.; see also Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
---------------------------------------------------------------------------
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\21\
---------------------------------------------------------------------------
\21\ Id.
---------------------------------------------------------------------------
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 Requirements
The following deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for AYM listed above will be equal to the
weighted-average dumping margin established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the original LTFV investigation, but the producer is,
then the cash deposit rate will be the cash deposit rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 13.50 percent,\22\ the
all-others rate established in the LTFV investigation.\23\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\22\ See Order, 85 FR at 1300.
\23\ Id.
---------------------------------------------------------------------------
Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days after the date of publication of
these preliminary results in the Federal Register.\24\
---------------------------------------------------------------------------
\24\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of doubled antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: March 21, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2025-05288 Filed 3-27-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 28, 2025.
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.