Federal Register - June 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices Estimated weightedaverage dumping margin percent
Exporter or producer
Sunflag Thailand Ltd
Jong Stit Co., Ltd
All Others
14.80
56.80
14.80
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Border Protection CBP to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse for consumption on or after the date of publication of this notice in the Federal Register.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 estimated weighted-average dumping margin or the estimated all-others rate, as follows: 1 The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; 2 if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and 3 the cash deposit rate for all other producers and exporters will be equal to the allothers estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice.
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Disclosure Commerce intends to disclose to interested parties any calculations performed in connection with this preliminary determination within five days of its 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
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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 notified 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.8 The deadlines for submitting case and rebuttal briefs on scope issues are in the Preliminary Scope Decision Memorandum.9 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 containing business proprietary information until further notice.10
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 by telephone 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 8 See 19 CFR 351.309; see also 19 CFR 351.303
for general filing requirements.
9 See Preliminary Scope Decision Memorandum.
10 See 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.
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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 28, 2021, pursuant to 19
CFR 351.210e, Sunflag requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.11 In accordance with section 735a2A of the Act and 19
CFR 351.210b2ii, because: 1 The preliminary determination is affirmative; 2 the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and 3 no compelling reason 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 in the Federal Register.
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, 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 Thailand are materially injuring, or threaten material injury to, the U.S.
industry.
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.
11 See Sunflags Letter, Polyester Textured Yarn from Thailand: Request to Postpone Final Determination and to Extend Provisional Measures, dated April 28, 2021.
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