Federal Register - June 3, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices underlying Commerces preliminary determination, see the Preliminary Decision Memorandum.
Combination Rates In the Initiation Notice,8 Commerce explained that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.9
Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist:
Estimated weightedaverage dumping margin percent
Exporter
Producer
Century Single Entity 10.
Vietnam-Wide Entity.
Century Single Entity.
2.67
22.82
Suspension of Liquidation In accordance with section 733d2
of the Act, Commerce will direct U.S.
Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733d1B of the Act and 19
CFR 351.205d, Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above, as follows:
1 For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; 2 for all combinations of Vietnam producers/exporters of subject merchandise that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the 8 See
Initiation Notice, 85 FR at 74684.
Enforcement and Compliances Policy Bulletin No. 05.1, regarding, Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries, April 5, 2005 Policy Bulletin 05.1, available on Commerces website at http enforcement.trade.gov/policy/bull05-1.pdf.
10 The Century Single Entity is comprised of Century Synthetic Fiber Corporation and Century Synthetic Fiber CorporationBranch. See Memorandum, Less-Than-Fair-Value Investigation of Polyester Textured Yarn from the Socialist Republic of Vietnam: Affiliation and Collapsing Analysis for Century Synthetic Fiber Corporation and Century Synthetic Fiber Corporation-Branch, dated concurrently with this notice.
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estimated weighted-average dumping margin established for the Vietnamwide entity; and 3 for all third-country exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnam producer/
exporter combination or the Vietnamwide entity that supplied that thirdcountry exporter. These suspension of liquidation instructions will remain in effect until further notice.
Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224b.
Verification As provided in section 782i1 of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an onsite examination of original accounting, financial, and sales documentation.
However, due to current travel restrictions in response to the global COVID19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification.
Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. A
timeline for the submission of case briefs and written comments on nonscope issues will be announced at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the due date for case briefs.11 The deadlines for submitting case and rebuttal briefs on scope issues are in the Preliminary Scope Decision Memorandum. Pursuant to 19 CFR
351.309c2 and d2, parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: 1 A
statement of the issue; 2 a brief summary of the argument; and 3 a table of authorities. Commerce has temporarily modified certain of its 11 See 19 CFR 351.309; see also 19 CFR 351.303
for general filing requirements.
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requirements for serving documents containing business proprietary information until further notice.12
Pursuant to 19 CFR 351.310c, interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the partys name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date, time, and location of the hearing two days before the scheduled date of the hearing.
Postponement of Final Determination and Extension of Provisional Measures Section 735a2 of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner.
Pursuant to 19 CFR 351.210e2, Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months in duration.
On April 29, 2021, the Century Single Entity requested that Commerce postpone its final determination and extend the provisional measures period from four to no more than six months pursuant to pursuant to 19 CFR
351.210e.13 In accordance with section 735a2A of the Act and 19 CFR
351.210b2ii, because: 1 The preliminary determination is affirmative; 2 the requesting exporter, the Century Single Entity, accounts for a significant proportion of exports of the subject merchandise; and 3 no compelling reasons for denial exist, Commerce is postponing the final determination and extending the 12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
13 See Century Single Entitys Letter, Request to Postpone Final Determination & Provisional Measures, dated April 29, 2021.
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