Federal Register - June 3, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices
Notification to Interested Parties This determination is issued and published in accordance with sections 733f and 777i1 of the Act, 19 CFR
351.205c, and 19 CFR 351.210g.
Dated: May 26, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
Appendix IScope of the Investigation 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. Affiliation VII. All-Others Rate VIII. Discussion of Methodology IX. Currency Conversion X. Recommendation FR Doc. 202111633 Filed 6221; 8:45 am BILLING CODE 3510DSP
International Trade Administration
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Polyester Textured Yarn From the Socialist Republic of Vietnam:
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
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Background This preliminary determination is made in accordance with section 733b of the Tariff Act of 1930, as amended the Act. Commerce initiated this LTFV
investigation on November 17, 2020.1
On April 2, 2021, Commerce postponed the preliminary determination of 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/.
Scope of the Investigation The product covered by this investigation is polyester textured yarn from Vietnam. For a complete
DEPARTMENT OF COMMERCE
AGENCY:
that polyester textured yarn from the Socialist Republic of Vietnam Vietnam is being, or is likely to be, sold in the United States at less than fair value LTFV. The period of investigation is April 1, 2020, through September 30, 2020. Interested parties are invited to comment on this preliminary determination.
DATES: Applicable June 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Preston Cox or Yang Jin Chun, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4825041 or 202 4825760, respectively.
SUPPLEMENTARY INFORMATION:
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, Polyester Textured Yarn from the Socialist Republic of Vietnam: Decision Memorandum for Preliminary Affirmative Determination of Sales at Less Than Fair Value, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
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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 parties to raise issues regarding product coverage i.e., scope.5 Certain interested parties commented on the scope of this 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 investigation, 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. Because Vietnam is a non-market economy, within the meaning of section 77118 of the Act, Commerce has calculated normal value in accordance with section 773c of the Act.
In addition, Commerce has relied on facts available under section 776a of the Act to determine the cash deposit rate assigned to the Vietnam-wide entity. Furthermore, pursuant to sections 776a and b of the Act, because the Vietnam-wide entity did not cooperate to the best of its ability in responding to the Commerces request for data, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the Vietnam-wide Entity. For a complete description of the methodology 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 May 19, 1997.
5 See Initiation Notice, 85 FR at 74681.
6 See 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; see also the Public Comment section of this notice.
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