Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 86537 

1See Fine Denier Polyester Staple Fiber from the 

Republic of India: Preliminary Results of 

Countervailing Duty Administrative Review, 85 FR 

18916 (April 3, 2020) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews in Response to Operational 

Adjustments Due to COVID–19,’’ dated April 24, 

2020. 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews,’’ dated July 21, 2020. 

4See Memorandum, ‘‘2017–2018 Countervailing 

Duty Administrative Review of Fine Denier 

Polyester Staple Fiber from India: Extension of 

Deadline for Final Results,’’ dated November 5, 

2020. 

5See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results in the 2017– 

2018 Countervailing Duty Administrative Review of 

Fine Denier Polyester Staple Fiber from India,’’ 

dated concurrently, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

6See 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. 

Procedure for Article 10.12 (Binational 

Panel Reviews), which were adopted by 

the three governments for panels 

requested pursuant to Article 10.12(2) of 

USMCA which requires Requests for 

Panel Review to be published in 

accordance with Rule 40. For the 

complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/ 

rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng. 

The Rules provide that: 

(a) A Party or interested person may 

challenge the final determination in 

whole or in part by filing a Complaint 

in accordance with Rule 44 no later than 

30 days after the filing of the first 

Request for Panel Review (the deadline 

for filing a Complaint is December 29, 

2020); 

(b) A Party, investigating authority or 

interested person who does not file a 

Complaint but who intends to 

participate in the panel review must file 

a Notice of Appearance in accordance 

with Rule 45 no later than 45 days after 

the filing of the first Request for Panel 

Review (the deadline for filing a Notice 

of Appearance is January 11, 2021); and 

(c) The panel review shall be limited 

to the allegations of error of fact or law, 

including challenges to the jurisdiction 

of the investigating authority, that are 

set out in the Complaints filed in the 

panel review and to the procedural and 

substantive defenses raised in the panel 

review. 

Dated: December 15, 2020. 

Vidya Desai, 

Acting U.S. Secretary, USMCA Secretariat. 

[FR Doc. 2020–28030 Filed 12–29–20; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–876] 

Fine Denier Polyester Staple Fiber 

From India: Final Results of 

Countervailing Duty Administrative 

Review; 2017–2018 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that Reliance 

Industries Limited (Reliance) received 

countervailable subsidies that are above 

de minimis during the period of review, 

November 6, 2017 through December 

31, 2018. 

DATES: Applicable December 30, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Ariela Garvett, 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) 482–3609. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 3, 2020, Commerce 

published the Preliminary Results of 

this review.1 On April 24, 2020, 

Commerce tolled all deadlines in 

administrative reviews by 50 days.2 On 

July 21, 2020, Commerce tolled all 

deadlines in administrative reviews by 

an additional 60 days,3 thereby 

extending the deadline for these final 

results until November 19, 2020. On 

November 5, 2020, Commerce 

postponed the final results of this 

review by 33 days until December 22, 

2020.4

Scope of the Order 

The merchandise covered by this 

order is fine denier polyester staple fiber 

(fine denier PSF). For a complete 

description of the scope of this order, 

see the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

All issues raised in the interested 

parties’ case and rebuttal briefs are 

addressed in the Issues and Decision 

Memorandum. 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.5 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 http://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed and electronic versions 

of the Issues and Decision 

Memorandum are identical in content. 

A list of the issues raised by interested 

parties and responded to by Commerce 

in the Issues and Decision 

Memorandum, is provided in the 

Appendix to this notice. 

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 

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.6

For a description of the methodology 

underlying Commerce’s conclusions, 

see the Issues and Decision 

Memorandum. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received from interested 

parties and record information, we 

made certain changes to the net subsidy 

rate calculated for Reliance. For a 

discussion of these changes, see the 

Issues and Decision Memorandum. 

Final Results of the Administrative 

Review 

In accordance with section 751(a)(1) 

of the Act and 19 CFR 351.221(B)(5), we 

find the net countervailable subsidy rate 

for the period November 6, 2017 

through December 31, 2018 to be as 

follows: 

Company 

Subsidy rate 

(percent ad 

valorem) 

Reliance Industries Limited ...... 4.44 

Assessment and Cash Deposit 

Requirements 

In accordance with 19 CFR 

351.212(b)(2), Commerce intends to 

issue assessment instructions to U.S. 

Customs and Border Protection (CBP) 15 

days after the date of publication of 

these final results to liquidate 

shipments of subject merchandise. We 

will instruct CBP to liquidate shipments 

of subject merchandise produced and/or 

86538 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 

7See 19 CFR 351.224(b). 

exported by Reliance entered, or 

withdrawn from warehouse, for 

consumption on or after November 6, 

2017 through December 31, 2018, at the 

ad valorem assessment rate listed above 

for Reliance. 

In accordance with section 

751(a)(2)(C) of the Act, we intend also 

to instruct CBP to collect cash deposits 

of estimated countervailing duties in the 

amounts shown above on shipments of 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of the final results of this 

review. For all non-reviewed firms, 

Commerce will instruct CBP to continue 

to collect cash deposits of estimated 

countervailing duties at the most recent 

company-specific or all-others rate 

applicable to the company, as 

appropriate. These cash deposit rates, 

when imposed, shall remain in effect 

until further notice. 

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.7

Administrative Protective Order 

This notice also serves as a final 

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). 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: December 21, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—List of Topics Discussed in 

the Issues and Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Use of Facts Otherwise Available and 

Application of Adverse Inferences 

V. Subsidies Valuation Information 

VI. Analysis of Programs 

VII. Discussion of the Issues 

Comment 1: Sales Value Denominators 

Comment 2: Whether To Apply Adverse 

Facts Available (AFA) To Export Sales 

Values 

Comment 3: Discount Rates 

Comment 4: Calculation of Duty 

Exemptions Under the Special Economic 

Zone (SEZ) Duty-Free Importation of 

Capital Goods and Raw Materials, 

Components, Consumables, 

Intermediates, Spare Parts, and Packing 

Materials Program and Export Promotion 

of Capital Goods Scheme (EPCGS) 

Comment 5: Application of AFA to the SEZ 

Duty-Free Importation of Capital Goods 

and Raw Materials, Components, 

Consumables, Intermediates, Spare Parts, 

and Packing Materials Program and 

EPCGS 

Comment 6: Land Benchmark 

Comment 7: Whether the SEZ Programs, 

Technology Upgradation Fund Scheme 

(TUFS), and Merchandise Export From 

India Scheme (MEIS) Are 

Countervailable 

VIII. Recommendation 

[FR Doc. 2020–28789 Filed 12–29–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA736] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Service Pier 

Extension Project on Naval Base 

Kitsap Bangor, Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Issuance of a modified 

incidental harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 

amended, notification is hereby given 

that NMFS has issued a modified 

incidental harassment authorization 

(IHA) to United States Navy (Navy) to 

incidentally harass marine mammals 

incidental to the Service Pier Extension 

(SPE) project at Naval Base Kitsap 

Bangor, Washington. 

DATES: This modified IHA is valid from 

the original date of issuance through 

July 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pauline, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the original 

application and supporting documents 

(including NMFS Federal Register 

notices of the original proposed and 

final authorizations, and the previous 

IHA), as well as a list of the references 

cited in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

incidental take authorization may be 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. 

History of Request 

On June 28, 2018, NMFS published a 

notice of our issuance of an IHA 

authorizing take of five species of 

marine mammals by Level A and Level 

B harassment incidental to the SPE 

project (83 FR 30406). Species 

authorized for take included killer 

whale (Orcinus orca), harbor porpoise 

(Phocoena phocoena), California sea 

lion (Zalophus californianus), Steller 

sea lion (Eumetopias jubatus), and 

harbor seal (Phoca vitulina). The 

effective dates of that IHA were July 16, 

2019 through July 15, 2020. On 

February 4, 2019, the Navy informed 

NMFS that the project was being