Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 88725 

1See Polyester Textured Yarn from Indonesia: 

Final Affirmative Determination of Sales at Less 

Than Fair Value, 86 FR 58875 (October 25, 2021) 

(Final Determination), and accompanying Issues 

and Decision Memorandum. 

2See Polyester Textured Yarn from Indonesia, 

Malaysia, Thailand, and the Socialist Republic of 

Vietnam: Antidumping Duty Orders, 86 FR 71031 

(December 14, 2021) (Order). 

3See PT. Asia Pac. Fibers TBK v. United States, 

673 F. Supp. 3d 1320 (CIT 2023). 

4 Id., 673 F. Supp. 3d at 1333. 

5See Final Results of Redetermination Pursuant 

to Court Remand, PT. Asia Pacific Fibers TBK v. 

United States, 673 F. Supp. 3d 1320 (CIT 2023), 

dated August 8, 2024 (Final Remand), at 6, 

available at https://access.trade.gov/public/ 

FinalRemandRedetermination.aspx. 

6See PT. Asia Pac. Fibers TBK v. United States, 

No. 22–00007, Slip Op. 24–113 (CIT October 11, 

2024). 

7See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

8See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Final Results of Expedited Sunset 

Review 

Pursuant to sections 751(c)(1), and 

752(c)(1) and (3) of the Act, Commerce 

determines that revocation of the Order 

would likely lead to continuation or 

recurrence of dumping, and that the 

magnitude of the dumping margins 

likely to prevail are up to 119.02 

percent. 

Administrative Protective Order (APO) 

This notice serves as the only 

reminder to parties subject to APO of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a). 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective order, 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

Notification to Interested Parties 

We are issuing, and publishing notice 

of, the results of this sunset review in 

accordance with sections 751(c), 752(c), 

and 777(i)(1) of the Act, and 19 CFR 

351.218(e)(1)(ii)(C)(2) and 

351.221(c)(5)(ii). 

Dated: November 4, 2024. 

Abdelali Elouaradia, 

Deputy 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. History of the Order 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margins of Dumping 

Likely to Prevail 

VII. Final Results of Sunset Review 

VIII. Recommendation 

[FR Doc. 2024–26024 Filed 11–7–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–560–838] 

Polyester Textured Yarn From 

Indonesia: Notice of Court Decision 

Not in Harmony With the Final 

Determination of Antidumping 

Investigation; Notice of Amended Final 

Determination; Notice of Amended 

Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 11, 2024, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in PT. Asia 

Pacific Fibers Tbk. v. United States and 

Unifi Manufacturing, Inc. and Nan Ya 

Plastics Corporation, Court no. 22– 

00007, sustaining the U.S. Department 

of Commerce’s (Commerce) remand 

determination pertaining to the lessthan-fair-value (LTFV) investigation on 

Polyester Textured Yarn from Indonesia 

covering the period October 1, 2019, 

through September 30, 2020. Commerce 

is notifying the public that the CIT’s 

final judgment is not in harmony with 

Commerce’s final determination in the 

investigation, and Commerce is 

amending the final determination and 

the resulting AD order with respect to 

the dumping margins assigned to PT. 

Asia Pacific Fibers Tbk (Asia Pacific) 

and all other producers and exporters of 

subject merchandise. 

DATES: Applicable October 21, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Peter Shaw, AD/CVD Operations, Office 

VII, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0697. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 25, 2021, Commerce 

published its Final Determination in the 

LTFV investigation of Polyester 

Textured Yarn from Indonesia.1

Commerce concluded that Asia Pacific 

failed to cooperate to the best of its 

ability and thus determined the use of 

an adverse inference in selecting from 

among the facts available (AFA) was 

warranted in determining the rate for 

Asia Pacific. Commerce subsequently 

published in the Federal Register the 

AD order on polyester textured yarn 

from Indonesia.2

Asia Pacific appealed Commerce’s 

Final Determination. On December 12, 

2023, the CIT remanded the Final 

Determination.3 Specifically, the CIT 

remanded to Commerce to prepare a 

verification report and to provide Asia 

Pacific a reasonable opportunity to 

place information on the record 

addressing any deficiencies found by 

Commerce in the respondent’s 

verification questionnaire responses and 

all parties the opportunity to file case 

briefs.4

In its final remand redetermination, 

issued August 8, 2024, Commerce 

reconsidered its Final Determination, 

determining that AFA was no longer 

warranted for Asia Pacific and 

recalculated the estimated weightedaverage dumping margin for Asia 

Pacific.5 The CIT sustained Commerce’s 

final redetermination.6 Asia Pacific’s 

dumping margin is now 9.20 percent. 

Consequently, the dumping margin 

applicable to all other companies has 

changed and is now 8.72 percent. 

Timken Notice 

In its decision in Timken,7 as clarified 

by Diamond Sawblades,8 the U.S. Court 

of Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of the Tariff Act of 1930, as amended 

(the Act), Commerce must publish a 

notice of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

October 11, 2024, judgment constitutes 

a final decision of the CIT that is not in 

harmony with Commerce’s Final 

Determination and Order. Thus, this 

notice is published in fulfillment of the 

publication requirements of Timken. 


ddrumheller on DSK120RN23PROD with NOTICES1
88726 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 

9See 19 CFR 351.106(c)(2). 

1See Notice of Antidumping Order: Laminated 

Woven Sacks from the People’s Republic of China, 

73 FR 14772 (August 7, 2008) (Order). 

2See Initiation of Five-Year (Sunset) Reviews, 89 

FR 54435 (July 1, 2024). 

3See Domestic Interested Parties’ Letter, ‘‘Notice 

of Intent to Participate,’’ dated July 12, 2024. 

4See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

5See Petitioner’s Letter, ‘‘Domestic Interested 

Parties Substantive Response,’’ dated July 31, 2024 

(Substantive Response). 

6See Commerce’s Letter, ‘‘Sunset Reviews for 

July 2024,’’ dated August 21, 2024. 

7See Memorandum, ‘‘Issues and Decision 

Memorandum for the Expedited Second Sunset 

Review of the Antidumping Duty Order on 

Laminated Woven Sacks from the People’s Republic 

of China’’ (Issues and Decision Memorandum), 

dated concurrently with these results and hereby 

adopted by this notice. 

Amended Final Determination and 

Order 

Because there is now a final court 

judgment, Commerce is amending its 

Final Determination and Order to revise 

the dumping margins assigned to Asia 

Pacific and all other producers and 

exporters of subject merchandise, as 

follows: 

Producer or exporter 

Weightedaverage 

dumping 

margin 

(percent) 

PT. Asia Pacific Fibers Tbk .. 9.20 

All Others .............................. 8.72 

Cash Deposit Requirements 

Because Asia Pacific does not have a 

superseding cash deposit rate, i.e., there 

have been no final results published in 

a subsequent review of Asia Pacific, and 

because of the change to the rate 

assigned to all other producers and 

exporters of subject merchandise, 

Commerce will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection (CBP). 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that were produced or exported 

by Asia Pacific, that were subject of 

Commerce’s Final Determination, and 

subject to the Order, and that were 

entered, or withdrawn from warehouse, 

for consumption during the periods of 

June 3, 2021 through November 29, 

2021 and December 13, 2021 through 

November 30, 2022. These entries will 

remain enjoined pursuant to the terms 

of the injunction during the pendency of 

any appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise produced by or exported 

by Asia Pacific in accordance with 19 

CFR 351.212(b). We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

investigation when the importer-specific 

ad valorem assessment rate is not zero 

or de minimis. Where an importerspecific ad valorem assessment rate is 

zero or de minimis,9 we will instruct 

CBP to liquidate the appropriate entries 

without regard to antidumping duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: November 4, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–25963 Filed 11–7–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–916] 

Laminated Woven Sacks From the 

People’s Republic of China: Final 

Results of the Expedited Third Sunset 

Review of the Antidumping Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of this expedited 

sunset review, the U.S. Department of 

Commerce (Commerce) finds that 

revocation of the antidumping duty 

(AD) order on laminated woven sacks 

(LWS) from the People’s Republic of 

China (China) would be likely to lead to 

continuation or recurrence of dumping 

at the levels indicated in the ‘‘Final 

Results of Sunset Review’’ section of 

this notice. 

DATES: Applicable November 8, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kabir Archuletta, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2953. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 7, 2008, Commerce 

published the AD order on LWS from 

China.1 On July 1, 2024, Commerce 

published the notice of initiation of the 

five-year sunset review of the Order, 

pursuant to section 751(c) of the Tariff 

Act of 1930, as amended (the Act).2 On 

July 12, 2024, Commerce received a 

notice of intent to participate in this 

review from the Laminated Woven 

Sacks Fair Trade Coalition and its 

individual members, Polytex Fibers LLC 

and ProAmpac Holdings Inc. 

(collectively, domestic interested 

parties), within the deadline specified 

in 19 CFR 351.218(d)(1)(i).3 The 

domestic interested parties claimed 

interested party status under section 

771(9)(C) of the Act as manufacturers of 

domestic like product in the United 

States, and under sections 771(9)(E) and 

(F) of the Act as a trade association, a 

majority of whose members are 

producers of a domestic like product in 

the United States. On July 22, 2024, 

Commerce tolled certain deadlines in 

this administrative proceeding by seven 

days.4 The deadline for these final 

results is November 5, 2024. 

On July 31, 2024, the domestic 

interested parties provided a timely 

substantive response for this review 

within the 30-day deadline specified in 

19 CFR 351.218(d)(3)(i).5 We received 

no substantive responses from any other 

interested parties, nor was a hearing 

requested. On August 21, 2024, 

Commerce notified the U.S. 

International Trade Commission (ITC) 

that it did not receive an adequate 

substantive response from respondent 

interested parties.6 As a result, pursuant 

to section 751(c)(3)(B) of the Act and 19 

CFR 351.218(e)(1)(ii)(C)(2), Commerce 

conducted an expedited (120-day) 

sunset review of this Order. 

Scope of the Order 

The merchandise subject to this Order 

is LWS. For a complete description of 

the scope of the Order, see the Issues 

and Decision Memorandum.7

Analysis of Comments Received 

All issues raised in this review, 

including the likelihood of continuation 

or recurrence of dumping in the event 

of revocation and the magnitude of the 

margins likely to prevail if the order 

were revoked, are addressed in the 

accompanying Issues and Decision 

Memorandum. A list of topics discussed 

in the Issues and Decision 

Memorandum is included as an 

appendix to this notice. The Issues and 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 


ddrumheller on DSK120RN23PROD with NOTICES1