87 FR 133 pgs. 41663-41664 - Fine Denier Polyester Staple Fiber From India: Final Results of Countervailing Duty Administrative Review; 2020
Type: NOTICEVolume: 87Number: 133Pages: 41663 - 41664
Pages: 41663, 41664Docket number: [C-533-876]
FR document: [FR Doc. 2022-14898 Filed 7-12-22; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-876]
Fine Denier Polyester Staple Fiber From India: Final Results of Countervailing Duty Administrative Review; 2020
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were being provided to Reliance Industries Limited (Reliance) that are above de minimis during the period of review (POR), January 1, 2020, through December 31, 2020.
DATES:
Applicable July 13, 2022.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2022, Commerce published the Preliminary Results of this review. 1 A summary of the events that occurred since Commerce published the Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, are discussed in the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Footnotes:
1 ? See Fine Denier Polyester Staple Fiber from the Republic of India: Preliminary Results of Countervailing Duty Administrative Review; 2020, 87 FR 12936 (March 8, 2022) ( Preliminary Results ), and accompanying Preliminary Decision Memorandum.
2 ? See Memorandum, "Issues and Decision Memorandum for the Final Results of the 2020 Administrative Review of the Countervailing Duty Order on Fine Denier Polyester Staple Fiber from India," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Scope of the Order? 3
Footnotes:
3 ? See Fine Denier Polyester Staple Fiber from the People's Republic of China and India: Amended Final Affirmative Countervailing Duty Determination for the People's Republic of China and Countervailing Duty Orders for the People's Republic of China and India, 83 FR 11681 (March 16, 2018) ( Order ).
The merchandise covered by this Order is fine denier polyester staple fiber. For a complete description of the scope of this order, see the Issues and Decision Memorandum.
Analysis of Comments Received and Changes Since the Preliminary Results
All issues raised in the case brief submitted by Auriga Polymers, Inc., Fiber Industries LLC, and Nan Ya Plastics Corporation, America are addressed in the Issues and Decision Memorandum. A list of the issues discussed in the Issues and Decision Memorandum is included as the appendix to this notice. Based on our analysis of the comments received and record information, we revised the countervailing duty (CVD) subsidy rates calculated for Reliance. These changes are explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. 4 For a description of the methodology underlying Commerce's conclusions, see the Issues and Decision Memorandum.
Footnotes:
4 ? See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5)(A) of the Act regarding specificity.
Final Results of Review
[top] In accordance with section 751(a)(1) of the Act and 19 CFR 351.221(b)(5), we find the net countervailable subsidy rate
| Company | Subsidy rate (percent ad valorem ) |
|---|---|
| Reliance Industries Limited | 6.88 |
Disclosure
Commerce intends to disclose the calculations and analysis performed for these final results to interested parties within five days of the date of publication of this notice in the Federal Register . 5
Footnotes:
5 ? See 19 CFR 351.224(b).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, CVDs on all appropriate entries covered by this review. Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after the date of this publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, we also intend to instruct CBP to collect cash deposits of estimated CVDs in the amount shown above. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated CVDs at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 315.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: July 6, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Use of Facts Otherwise Available and Application of Adverse Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Land Benchmark
Comment 2: Correction of Errors Regarding the Duty Drawback (DDB) Program
Comment 3: Correction of Errors Regarding the Special Economic Zone (SEZ) Program
Comment 4: Correct Subsidy Rate
IX. Recommendation
[FR Doc. 2022-14898 Filed 7-12-22; 8:45 am]
BILLING CODE 3510-DS-P