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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88725-88726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25963]

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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 less-than-
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\
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    \1\ See 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.
    \2\ See Polyester Textured Yarn from Indonesia, Malaysia, 
Thailand, and the Socialist Republic of Vietnam: Antidumping Duty 
Orders, 86 FR 71031 (December 14, 2021) (Order).
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    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\
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    \3\ See PT. Asia Pac. Fibers TBK v. United States, 673 F. Supp. 
3d 1320 (CIT 2023).
    \4\ Id., 673 F. Supp. 3d at 1333.
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    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 
weighted-average 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.
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    \5\ See 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.
    \6\ See PT. Asia Pac. Fibers TBK v. United States, No. 22-00007, 
Slip Op. 24-113 (CIT October 11, 2024).
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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.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

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[[Page 88726]]

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:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
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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 importer-specific ad valorem 
assessment rate is zero or de minimis,\9\ we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \9\ See 19 CFR 351.106(c)(2).
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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
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