Federal Register - June 3, 2021

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Source: Federal Register

29744

Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices
margin. 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
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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 provided to interested parties at a later date.
Rebuttal briefs, limited to issues raised in these case briefs, may be submitted no later than seven days after the deadline date for case briefs.10 The deadlines for submitting case and rebuttal briefs on scope issues are in the Preliminary Scope Decision Memorandum.11 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. Note that Commerce has temporarily modified certain of its requirements for serving documents 10 See 19 CFR 351.309; see also 19 CFR 351.303
for general filing requirements; and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19, 85 FR 17006 March 26, 2020 and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020
collectively, Temporary Rule.
11 See Preliminary Scope Decision Memorandum.

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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, whether any participant is a foreign national, 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 by telephone the date, time, and location of the hearing two days before the scheduled date.

interested parties in this proceeding.14
Under the circumstances of this case, a postponement of the final determination for the maximum statutory period is warranted. In accordance with section 735a2A of the Act and 19 CFR
351.210b2ii, because: 1 The preliminary determination is affirmative; 2 the requesting exporters account 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 provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735a2 of the Act.

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 in the Federal Register 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. Section 351.210e2
of Commerces regulations requires that a request by exporters for postponement of the final 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 30, 2021, pursuant to 19
CFR 351.210e, Asia Pacific and Mutu Gading requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.13
Asia Pacific and Mutu Gading stated that the reasons for their requests is the magnitude and complexity of this investigation, as well as the time required for verification, briefing, holding a hearing, and issuing a final determination that addresses all the legal and factual issued raised by the
International Trade Commission Notification In accordance with section 733f of the Act, Commerce will notify the International Trade Commission ITC of its preliminary determination. If the final determination is affirmative, then the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of polyester textured yarn from Indonesia are materially injuring, or threaten material injury to, the U.S.
industry.

12 See
Temporary Rule.
Mutu Gadings Letter, Polyester Textured Yarn from Indonesia: Request to Postpone the Final Determination, dated April 30, 2021 Mutu Gading Final Postponement Request; see also Asia Pacifics Letter, Polyester Textured Yarn from Indonesia: Request to Postpone the Final Determination, dated April 30, 2021 Asia Pacific Final Postponement Request.
13 See
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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.
14 See Mutu Gading Final Postponement Request at 2; see also Asia Pacific Final Postponement Request at 2.

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Federal Register - June 3, 2021

TitoloFederal Register

PaeseStati Uniti

Data03/06/2021

Conteggio pagine260

Numero di edizioni7800

Prima edizione14/03/1936

Ultima edizione23/06/2026

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