Federal Register - June 3, 2021
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Fuente: Federal Register
29748
Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices
Dated: May 26, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
are invited to comment on this preliminary determination.
DATES: Applicable June 3, 2021.
Appendix IScope of the Investigation
Daniel Alexander, 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 4824313.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
The merchandise covered by this investigation, 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 packaging method such as spindles, tubes, or beams.
The merchandise subject to this investigation 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.
Appendix IIList of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of Investigation V. Scope Comments VI. Application of Facts Available and Use of Adverse Inferences VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation FR Doc. 202111632 Filed 6221; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration
Polyester Textured Yarn From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce Commerce preliminarily determines that polyester textured yarn yarn from Malaysia is being, or is likely to be, sold in the United States at less than fair value LTFV. The period of investigation is October 1, 2019, through September 30, 2020. Interested parties
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Scope of the Investigation The product covered by this investigation is polyester textured yarn from Malaysia. For a complete description of the scope of this investigation, see Appendix I.
Scope Comments In accordance with the preamble to Commerces regulations,4 the Initiation Notice set aside a period of time for
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AGENCY:
Background This preliminary determination is made in accordance with section 733b of the Tariff Act of 1930, as amended the Act. Commerce initiated this investigation on November 17, 2020.1
On April 2, 2021, Commerce postponed the preliminary determination in this investigation and the revised deadline is now May 26, 2021.2
For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at https
access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/.
1 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 74680 November 23, 2020
Initiation Notice.
2 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 86 FR 17362 April 2, 2021.
3 See Memorandum, Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Polyester Textured Yarn from Malaysia, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 May 19, 1997.
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parties to raise issues regarding product coverage scope.5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce is preliminarily not modifying the scope language as it appeared in the Initiation Notice.
The Preliminary Scope Decision Memorandum establishes the deadline to submit scope case briefs.7 There will be no further opportunity for comments on scope-related issues.
Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772a of the Act and normal values in accordance with section 773 of the Act. For a full description of the methodology underlying Commerces preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate Sections 733d1Aii and 735c5A of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined.
This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis margins or determined entirely under section 776 of the Act. In this investigation, Commerce preliminarily calculated a rate of 17.35 percent for Recron Malaysia Sdn. Bhd. Recron. Because Recrons rate is not zero, de minimis or based entirely on section 776 of the Act, we are relying on Recrons rate as the See Initiation Notice, 85 FR at 74680.
Memorandum, Antidumping duty investigations of Polyester Textured Yarn from Indonesia, Malaysia, Thailand and Vietnam:
Preliminary Scope Decision Memorandum, dated concurrently with this notice Preliminary Scope Decision Memorandum.
7 Case briefs, other written comments, and rebuttal briefs submitted by in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum, and Public Comment section of this notice.
5
6 See
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