83 FR 58232 - Polyester Textured Yarn From India and the People's Republic of China: Initiation of Countervailing Duty Investigations
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 223 (November 19, 2018)
International Trade Administration
Federal Register Volume 83, Issue 223 (November 19, 2018)
| Page Range | 58232-58236 | |
| FR Document | 2018-24952 |
[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)] [Notices] [Pages 58232-58236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24952] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-098, C-533-886] Polyester Textured Yarn From India and the People's Republic of China: Initiation of Countervailing Duty Investigations AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable November 7, 2018. FOR FURTHER INFORMATION CONTACT: Janae Martin at (202) 482-0238 (India) and Robert Palmer at (202) 482-9068 [[Page 58233]] (People's Republic of China (China)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On October 18, 2018, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of polyester textured yarn (yarn) from India and China, filed in proper form on behalf of Unifi Manufacturing, Inc. and Nan Ya Plastics Corp., America (the petitioners), domestic producers of yarn.\1\ The CVD Petitions were accompanied by antidumping duty (AD) petitions concerning imports of yarn from India and China.\2\ --------------------------------------------------------------------------- \1\ See Petitioners' Letter, ``Polyester Textured Yarn from India and the People's Republic of China,'' dated October 18, 2018 (the Petitions). \2\ See Volumes II and IV of the Petitions. --------------------------------------------------------------------------- During the period October 22 through November 1, 2018, we requested information from the petitioners pertaining to the scope of the investigations and certain allegations contained within the Petitions.\3\ The petitioners filed additional information between October 26, and November 2, 2018.\4\ --------------------------------------------------------------------------- \3\ See Commerce's Letters, ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India: Supplemental Questions'' (General Issues Supplemental), ``Petition for the Imposition of Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China: Supplemental Questions,'' ``Petition for the Imposition of Countervailing Duties on Imports of Polyester Textured Yarn: Supplemental Questions,'' all dated October 22, 2018, ``Petition for the Imposition of Countervailing Duties on Imports of Polyester Textured Yarn {from India{time} : Supplemental Questions,'' dated October 29, 2018, and ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India: Supplemental Questionnaire Regarding Proposed Scope,'' dated November 1, 2018. \4\ See Petitioners' Letters, ``Polyester Textured Yarn from India and the People's Republic of China--Petitioners' Supplement to Volume I Relating to General Issues,'' ``Polyester Textured Yarn from India--Petitioners' Response to Department's October 22, 2018 Supplemental Questionnaire,'' and ``Petitioners' Supplement to Volume III of the Petitions Relating to Countervailing Duty Investigation of Polyester Textured Yarn from the People's Republic of China,'' all dated October 26, 2018; Petitioners' Letter to Commerce, ``Polyester Textured Yarn from India--Petitioners' Response to the Department's October 29, 2018 Supplemental Questionnaire,'' dated October 30, 2018; Petitioners' Letter to Commerce, ``Polyester Textured Yarn from India and the People's Republic of China--Petitioners' Supplement to Volume I Relating to General Issues,'' dated October 31, 2018 (Second General Issues Supplement); and Petitioners' Letter to Commerce, ``Polyester Textured Yarn from India and the People's Republic of China-- Petitioners' Response to Commerce's Question Regarding the Scope Language,'' dated November 2, 2018. --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Governments of China and India (GOC, and GOI, respectively) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of yarn in China and India and that imports of such products are materially injuring, or threatening material injury to, the domestic yarn industry in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions are accompanied by information reasonably available to the petitioners supporting their allegations. Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry because the petitioners are interested parties as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support necessary for the initiation of the requested CVD investigations.\5\ --------------------------------------------------------------------------- \5\ See the ``Determination of Industry Support for the Petition'' section, infra. --------------------------------------------------------------------------- Period of Investigations Because the Petitions were filed on October 18, 2018, the period of investigation is January 1, 2017, through December 31, 2017 for each investigation. Scope of the Investigations The product covered by these investigations is yarn from China and India. For a full description of the scope of these investigations, see the Appendix to this notice. Comments on the Scope of the Investigations During our review of the Petitions, we contacted the petitioners regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief.\6\ As a result, the scope of the Petitions was modified to clarify the description of merchandise covered by the Petitions. The description of the merchandise covered by these investigations, as described in the Appendix to this notice, reflects these clarifications. --------------------------------------------------------------------------- \6\ See General Issues Supplement. See also Memorandum, re: ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India-Phone Call with Counsel to the Petitioners,'' dated October 29, 2018. --------------------------------------------------------------------------- As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).\7\ Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,\8\ all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on November 27, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on December 7, 2018, which is 10 calendar days from the initial comments deadline.\9\ --------------------------------------------------------------------------- \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). \8\ See 19 CFR 351.102(b)(21) (defining ``factual information''). \9\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).\10\ An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room [[Page 58234]] 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \10\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the GOC and GOI of the receipt of the Petitions and provided them the opportunity for consultations with respect to the China CVD Petition and India CVD Petition, respectively.\11\ Consultations were held with the GOI on November 2, 2018.\12\ The GOC did not request consultations. --------------------------------------------------------------------------- \11\ See Commerce's Letters, ``Countervailing Duty Petition on Polyester Textured Yarn from the People's Republic of China: Invitation for Consultations to Discuss the Countervailing Duty Petition'' and ``Countervailing Duty Petition on Polyester Textured Yarn from India: Invitation for Consultations to Discuss the Countervailing Duty Petition,'' both dated October 18, 2018. \12\ See Memorandum, ``Consultations with Officials from the Government of India Regarding the Countervailing Duty Petition Concerning Polyester Textured Yarn,'' dated November 2, 2018. --------------------------------------------------------------------------- Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers, as a whole, of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,\13\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\14\ --------------------------------------------------------------------------- \13\ See section 771(10) of the Act. \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations.\15\ Based on our analysis of the information submitted on the record, we have determined that polyester textured yarn, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.\16\ --------------------------------------------------------------------------- \15\ See Volume I of the Petitions, at 11-12; see also General Issues Supplement, at 4-5 and Exhibit GEN-Supp-2. \16\ For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Countervailing Duty Investigation Initiation Checklist: Polyester Textured Yarn from the People's Republic of China (China CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petition Covering Polyester Textured Yarn from the People's Republic of China and India (Attachment II); see also Countervailing Duty Investigation Initiation Checklist: Polyester Textured Yarn from India (India CVD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioners have standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ``Scope of the Investigations,'' in the Appendix to this notice. To establish industry support, the petitioners provided their own production of the domestic like product in 2017, as well as the 2017 production of companies that support the Petitions.\17\ The petitioners compared the production of the supporters of the Petitions to the estimated total production of the domestic like product for the entire domestic industry.\18\ We relied on data provided by the petitioners for purposes of measuring industry support.\19\ --------------------------------------------------------------------------- \17\ See Volume I of the Petitions, at 4-5 and Exhibit GEN-2. \18\ Id.; see also General Issues Supplement, at Exhibit GEN- Supp-3. \19\ Id. For further discussion, see China CVD Initiation Checklist, at Attachment II; and India CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Our review of the data provided in the Petitions, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petitions.\20\ First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).\21\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.\22\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.\23\ Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \20\ Id. \21\ Id.; see also section 702(c)(4)(D) of the Act. \22\ See China CVD Initiation Checklist, at Attachment II; and India CVD Initiation Checklist, at Attachment II. \23\ Id. --------------------------------------------------------------------------- Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act, and they have demonstrated sufficient industry support with respect to the CVD investigations that they are requesting that Commerce initiate.\24\ --------------------------------------------------------------------------- \24\ Id. --------------------------------------------------------------------------- [[Page 58235]] Injury Test Because China and India are ``Subsidies Agreement Countries'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from China and/or India materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\25\ In CVD petitions, section 771(24)(B) of the Act provides that imports of subject merchandise from developing and least developed countries must exceed the negligibility threshold of four percent. The petitioners also demonstrate that subject imports from India, which has been designated as a least developed country under section 771(36)(B) of the Act, exceed the negligibility threshold of four percent.\26\ --------------------------------------------------------------------------- \25\ See Volume I of the Petitions, at 13-14 and Exhibit GEN-8. \26\ Id. --------------------------------------------------------------------------- The petitioners contend that the industry's injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression or suppression; decline in the domestic industry's production, capacity utilization, and U.S. commercial shipments; decline in the domestic industry's financial performance; lost sales and revenues; and closures of U.S. production facilities.\27\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as cumulation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\28\ --------------------------------------------------------------------------- \27\ Id. at 10, 13-26 and Exhibits GEN-6 and GEN-8 through GEN- 13; see also General Issues Supplement, at 6-7 and Exhibits GEN- Supp-4 and GEN-Supp-5. \28\ See China CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Polyester Textured Yarn from the People's Republic of China and India (Attachment III); and India CVD Initiation Checklist, at Attachment III. --------------------------------------------------------------------------- Initiation of CVD Investigation Based on the examination of the Petitions, we find that the Petitions meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of yarn from China and India benefit from countervailable subsidies conferred by the GOC and GOI, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of this initiation. China Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 19 of the 20 alleged programs, and to partially initiate on the remaining program. For a full discussion of the basis for our decision to initiate on each program, see China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. India Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 40 of the 43 alleged programs, and to partially initiate on one of the 43 programs. For a full discussion of the basis for our decision to initiate on each program, see India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection In the Petitions, the petitioners named 51 companies in China \29\ and 33 companies in India \30\ as producers/exporters of yarn. Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in these investigations. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce's resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of yarn from China and India during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ``Scope of the Investigation,'' in the Appendix. --------------------------------------------------------------------------- \29\ See Volume I of the Petition at Exhibit GEN-5 and Second General Issues Supplement, at Exhibit GEN-SUPP-5. \30\ Id. --------------------------------------------------------------------------- On November 6, 2018, Commerce released CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of these CVD investigations.\31\ Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. --------------------------------------------------------------------------- \31\ See Memorandum, ``Polyester Textured Yarn from the People's Republic of China (China) Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection'' and Memorandum, ``Polyester Textured Yarn from India Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,'' both dated November 6, 2018. --------------------------------------------------------------------------- Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Commerce's website at http://enforcement.trade.gov/apo. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public versions of the Petitions have been provided to the GOC and GOI via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of yarn from China and India are materially injuring, or threatening material injury to, a U.S. industry.\32\ A negative ITC determination will result in the investigation being terminated.\33\ [[Page 58236]] Otherwise, this investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \32\ See section 703(a)(2) of the Act. \33\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \34\ and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.\35\ Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. --------------------------------------------------------------------------- \34\ See 19 CFR 351.301(b). \35\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\36\ Parties must use the certification formats provided in 19 CFR 351.303(g).\37\ Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. --------------------------------------------------------------------------- \36\ See section 782(b) of the Act. \37\ See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Instructions for filing such applications may be found on Commerce's website at http://enforcement.trade.gov/apo. This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). Dated: November 7, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix Scope of the Investigations The merchandise covered by these investigations, polyester textured yarn, is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate). Polyester textured yarn is produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber. This scope includes all forms of polyester textured yarn, regardless of surface texture or appearance, yarn density and thickness (as measured in denier), number of filaments, number of plies, finish (luster), cross section, color, dye method, texturing method, or packing method (such as spindles, tubes, or beams). The merchandise subject to these investigations is properly classified under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. [FR Doc. 2018-24952 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
![58232 Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
margin.7 The AFA dumping margin for others rate if there is no rate for the disclosed under APO in accordance
the collapsed entity (i.e., OISI and ODS) intermediate company(ies) involved in with 19 CFR 351.305(a)(3), which
remains unchanged from the the transaction. We intend to issue continues to govern business
Preliminary Results.8 assessment instructions directly to CBP proprietary information in this segment
15 days after publication of the final of the proceeding. Timely written
Final Results of the Review
results of this review. notification of the return/destruction of
As a result of this review, we APO materials, or conversion to judicial
determine that, for the period July 1, Cash Deposit Requirements
protective order, is hereby requested.
2016, through June 30, 2017, the The following cash deposit Failure to comply with the regulations
following dumping margins exist: requirements will be effective upon and the terms of an APO is a
publication of the notice of final results sanctionable violation.
Weighted- of administrative review for all We are issuing and publishing this
average shipments of subject merchandise
Producer and/or exporter dumping notice in accordance with sections
margin entered, or withdrawn from warehouse, 751(a)(1) and 777(i)(1) of the Act and 19
(percent) for consumption on or after the CFR 351.221(b)(5).
publication of the final results of this
Oman Fasteners LLC ........... 0.00 administrative review, as provided by Dated: November 9, 2018.
Overseas International Steel section 751(a)(2) of the Tariff Act of Christian Marsh,
Industry LLC/Overseas 1930, as amended (the Act): (1) The cash Deputy Assistant Secretary for Enforcement
Distribution Services Inc ... 154.33 and Compliance.
deposit rate for respondents noted above
will be the rate established in the final Appendix
Duty Assessment results of this administrative review; (2)
List of Topics Discussed in the Final IDM
Commerce shall determine and for merchandise exported by
Customs and Border Protection (CBP) manufacturers or exporters not covered I. Summary
shall assess antidumping duties on all II. List of Issues
in this administrative review but
III. Background
appropriate entries.9 For Oman covered in a prior segment of the IV. Scope of the Order
Fasteners, because its weighted-average proceeding, the cash deposit rate will V. Discussion of the Issues
dumping margin is zero or de minimis continue to be the company specific rate Comment 1: Whether Astrotech’s financial
(i.e., less than 0.5 percent), Commerce published for the most recently statement is a better source than Amatei
has not calculated importer-specific completed segment of this proceeding; for calculating CV profit and indirect
antidumping duty assessment rates. (3) if the exporter is not a firm covered selling expenses
Pursuant to 19 CFR 351.106(c)(2), we in this review, a prior review, or the Comment 2: Whether Commerce made
will instruct CBP to liquidate without certain errors in its calculation of CV
original investigation, but the
profit and indirect selling expenses
regard to antidumping duties any manufacturer is, the cash deposit rate Comment 3: Whether Oman Fasteners is
entries for which the importer-specific will be the rate established for the most affiliated with a U.S. customer via a
assessment rate is zero or de minimis. recently completed segment of this close supplier relationship
Because we calculated a zero margin for proceeding for the manufacturer of the Comment 4: Whether Oman Fastener’s U.S.
Oman Fasteners in the final results of subject merchandise; and (4) the cash sales are CEP sales because the terms of
this review, we intend to instruct CBP deposit rate for all other manufacturers sale were agreed to or established by the
to liquidate the appropriate entries or exporters will continue to be 9.10 Atlanta office
without regard to antidumping duties. Comment 5: Whether Commerce should
percent, the all-others rate established
impute interest for a related party loan
For entries of the subject merchandise in the antidumping investigation. These Comment 6: Whether Commerce should base
from OISI and ODS, we will instruct cash deposit requirements, when CV Profit on Omani rates or capped if
CBP to assess antidumping duties at the imposed, shall remain in effect until based on third-country sources
AFA rate of 154.33 percent. further notice. Comment 7: Whether Commerce’s
In accordance with Commerce’s differential pricing methodology is
‘‘automatic assessment’’ practice, for Notification to Importers Regarding the unlawful
entries of subject merchandise during Reimbursement of Duties VI. Recommendation
the POR produced by each respondent This notice also serves as a final [FR Doc. 2018–25145 Filed 11–16–18; 8:45 am]
for which it did not know that its reminder to importers of their BILLING CODE 3510–DS–P
merchandise was destined for the responsibility under 19 CFR 351.402(f)
United States, we will instruct CBP to to file a certificate regarding the
liquidate unreviewed entries at the all- reimbursement of antidumping and/or DEPARTMENT OF COMMERCE
countervailing duties prior to
7 See IDM; see also Memorandum, ‘‘Certain Nails liquidation of the relevant entries International Trade Administration
from Oman: Calculation Memorandum for the Final during the POR. Failure to comply with
Results of the 2016–2017 Administrative Review— [C–570–098, C–533–886]
Oman Fasteners,’’ dated concurrently with this
this requirement could result in
notice. Commerce’s presumption that Polyester Textured Yarn From India
8 Commerce determined that OISI and ODS reimbursement of antidumping and/or and the People’s Republic of China:
should be a collapsed entity in the previous countervailing duties occurred and the Initiation of Countervailing Duty
administrative review. See Certain Steel Nails from subsequent assessment of doubled Investigations
the Sultanate of Oman: Final Results of
khammond on DSK30JT082PROD with NOTICES
Antidumping Duty Administrative Review; 2014– antidumping duties.
AGENCY: Enforcement and Compliance,
2016, 83 FR 4030 (January 29, 2018).
9 In these final results, Commerce applied the
Administrative Protective Order International Trade Administration,
assessment rate calculation method adopted in This notice also serves as a reminder Department of Commerce.
Antidumping Proceedings: Calculation of the to parties subject to administrative DATES: Applicable November 7, 2018.
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
protective orders (APO) of their FOR FURTHER INFORMATION CONTACT:
Proceedings: Final Modification, 77 FR 8101 responsibility concerning the return or Janae Martin at (202) 482–0238 (India)
(February 14, 2012). destruction of proprietary information and Robert Palmer at (202) 482–9068
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![58236 Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
Otherwise, this investigation will Extension of Time Limits; Final Rule, 78 plies, finish (luster), cross section, color, dye
proceed according to statutory and FR 57790 (September 20, 2013), method, texturing method, or packing
regulatory time limits. available at http://www.gpo.gov/fdsys/ method (such as spindles, tubes, or beams).
The merchandise subject to these
pkg/FR-2013-09-20/html/2013-
Submission of Factual Information investigations is properly classified under
22853.htm, prior to submitting factual subheadings 5402.33.3000 and 5402.33.6000
Factual information is defined in 19 information in these investigations. of the Harmonized Tariff Schedule of the
CFR 351.102(b)(21) as: (i) Evidence United States (HTSUS). Although the HTSUS
submitted in response to questionnaires; Certification Requirements
subheadings are provided for convenience
(ii) evidence submitted in support of Any party submitting factual and customs purposes, the written
allegations; (iii) publicly available information in an AD or CVD description of the merchandise is dispositive.
information to value factors under 19 proceeding must certify to the accuracy [FR Doc. 2018–24952 Filed 11–16–18; 8:45 am]
CFR 351.408(c) or to measure the and completeness of that information.36 BILLING CODE 3510–DS–P
adequacy of remuneration under 19 CFR Parties must use the certification
351.511(a)(2); (iv) evidence placed on formats provided in 19 CFR
the record by Commerce; and (v) 351.303(g).37 Commerce intends to
evidence other than factual information reject factual submissions if the COMMODITY FUTURES TRADING
described in (i)–(iv). 19 CFR 351.301(b) submitting party does not comply with COMMISSION
requires any party, when submitting the applicable certification
factual information, to specify under Market Risk Advisory Committee
requirements.
which subsection of 19 CFR AGENCY: Commodity Futures Trading
351.102(b)(21) the information is being Notification to Interested Parties
Commission.
submitted 34 and, if the information is Interested parties must submit ACTION: Notice of meeting.
submitted to rebut, clarify, or correct applications for disclosure under APO
factual information already on the in accordance with 19 CFR 351.305(b). SUMMARY: The Commodity Futures
record, to provide an explanation On January 22, 2008, Commerce Trading Commission (CFTC) announces
identifying the information already on published Antidumping and that on December 4, 2018, from 9:30
the record that the factual information Countervailing Duty Proceedings: a.m. to 4:00 p.m., the Market Risk
seeks to rebut, clarify, or correct.35 Time Documents Submission Procedures; Advisory Committee (MRAC) will hold
limits for the submission of factual APO Procedures, 73 FR 3634 (January a public meeting in the Conference
information are addressed in 19 CFR 22, 2008). Parties wishing to participate Center at the CFTC’s Washington, DC,
351.301, which provides specific time in these investigations should ensure headquarters. At this meeting, the
limits based on the type of factual that they meet the requirements of these MRAC will discuss: (1) The current state
information being submitted. Interested procedures (e.g., the filing of letters of of clearinghouse risk management and
parties should review the regulations appearance as discussed at 19 CFR governance and what lies ahead, (2) the
prior to submitting factual information 351.103(d)). Instructions for filing such management of non-default losses by
in these investigations. applications may be found on clearinghouses in recovery and
Extensions of Time Limits Commerce’s website at http:// resolution, (3) recent reports and
enforcement.trade.gov/apo. discussion papers on central clearing by
Parties may request an extension of This notice is issued and published global standard setting bodies, and (4)
time limits before the expiration of a pursuant to sections 702 and 777(i) of the oversight of third-party service
time limit established under 19 CFR the Act and 19 CFR 351.203(c). providers/vendor risk management.
351.301, or as otherwise specified by the
Dated: November 7, 2018. DATES: The meeting will be held on
Secretary. In general, an extension
P. Lee Smith, December 4, 2018, from 9:30 a.m. to
request will be considered untimely if it
is filed after the expiration of the time Deputy Assistant Secretary for Policy and 4:00 p.m. Members of the public who
Negotiations. wish to submit written statements in
limit established under 19 CFR 351.301.
For submissions that are due from Appendix connection with the meeting should
multiple parties simultaneously, an submit them by December 11, 2018.
Scope of the Investigations
extension request will be considered ADDRESSES: The meeting will take place
untimely if it is filed after 10:00 a.m. ET The merchandise covered by these in the Conference Center at the CFTC’s
investigations, polyester textured yarn, is headquarters, Three Lafayette Centre,
on the due date. Under certain synthetic multifilament yarn that is
circumstances, we may elect to specify manufactured from polyester (polyethylene
1155 21st Street NW, Washington, DC
a different time limit by which terephthalate). Polyester textured yarn is 20581. You may submit public
extension requests will be considered produced through a texturing process, which comments, identified by ‘‘Market Risk
untimely for submissions which are due imparts special properties to the filaments of Advisory Committee,’’ by any of the
from multiple parties simultaneously. In the yarn, including stretch, bulk, strength, following methods:
such a case, we will inform parties in moisture absorption, insulation, and the • CFTC website: http://
the letter or memorandum setting forth appearance of a natural fiber. This scope comments.cftc.gov. Follow the
includes all forms of polyester textured yarn, instructions for submitting comments
the deadline (including a specified time) regardless of surface texture or appearance,
by which extension requests must be through the Comments Online process
yarn density and thickness (as measured in
filed to be considered timely. An denier), number of filaments, number of on the website.
• Mail: Christopher Kirkpatrick,
khammond on DSK30JT082PROD with NOTICES
extension request must be made in a
separate, stand-alone submission; under 36 See section 782(b) of the Act. Secretary of the Commission,
limited circumstances we will grant 37 See Certification of Factual Information to Commodity Futures Trading
untimely-filed requests for the extension Import Administration During Antidumping and Commission, Three Lafayette Center,
Countervailing Duty Proceedings, 78 FR 42678 (July 1155 21st Street NW, Washington, DC
of time limits. Parties should review 17, 2013) (‘‘Final Rule’’); see also frequently asked
questions regarding the Final Rule, available at
20581.
34 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ • Hand Delivery/Courier: Same as
35 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf. Mail, above.
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Document Created: 2018-11-17 02:46:30
Document Modified: 2018-11-17 02:46:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 7, 2018. | |
| Contact | Janae Martin at (202) 482-0238 (India) and Robert Palmer at (202) 482-9068 (People's Republic of China (China)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 58232 |
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