Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices 33351 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2021–0038] 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

Empire Offshore Wind, LLC’s 

Proposed Wind Energy Facilities 

Offshore New York 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: Consistent with the 

regulations implementing the National 

Environmental Policy Act (NEPA), the 

Bureau of Ocean Energy Management 

(BOEM) announces its intent to prepare 

an environmental impact statement 

(EIS) for the review of a construction 

and operations plan (COP) submitted by 

Empire Offshore Wind, LLC (Empire). 

The COP proposes the construction and 

operation of two wind energy facilities 

offshore New York with two export 

cable routes and up to three export cable 

landfalls in New York. This notice of 

intent (NOI) announces the EIS scoping 

process for the Empire Wind COP. 

Additionally, this NOI seeks public 

comment and input under section 106 

of the National Historic Preservation Act 

(NHPA) and its implementing 

regulations. Detailed information about 

the proposed wind energy facilities, 

including the COP, can be found on 

BOEM’s website at: https://

www.boem.gov/Empire-Wind/. 

DATES: Comments should be submitted 

no later than July 26, 2021. 

BOEM will hold virtual public 

scoping meetings for the Empire Wind 

EIS at the following dates and times 

(Eastern): 

• Wednesday, June 30, 2021, 5:00 p.m.; 

• Thursday, July 8, 2021, 5:00 p.m.; and 

• Tuesday, July 13, 2021, 1:00 p.m. 

Registration for the virtual public 

meetings may be completed here: 

https://www.boem.gov/Empire-WindScoping-Virtual-Meetings or by calling 

(703) 787–1015. 

ADDRESSES: Comments can be submitted 

in any of the following ways: 

• Delivered by mail or delivery 

service, enclosed in an envelope labeled 

‘‘Empire Wind COP EIS,’’ and addressed 

to Program Manager, Office of 

Renewable Energy, Bureau of Ocean 

Energy Management, 45600 Woodland 

Road, Sterling, Virginia 20166, or 

• Through the regulations.gov web 

portal: Navigate to http://

www.regulations.gov and search for 

Docket No. BOEM–2021–0038. Click on 

the ‘‘Comment’’ button. Enter your 

information and comment, then click 

‘‘Submit Comment.’’ 

FOR FURTHER INFORMATION CONTACT: 

Michelle Morin, BOEM Office of 

Renewable Energy Programs, 45600 

Woodland Road, Sterling, Virginia 

20166, (703) 787–1722 or 

michelle.morin@boem.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for the Proposed 

Action 

In Executive Order 14008, President 

Biden stated that it is the policy of the 

United States ‘‘to organize and deploy 

the full capacity of its agencies to 

combat the climate crisis to implement 

a Government-wide approach that 

reduces climate pollution in every 

sector of the economy; increases 

resilience to the impacts of climate 

change; protects public health; 

conserves our lands, waters, and 

biodiversity; delivers environmental 

justice; and spurs well-paying union 

jobs and economic growth, especially 

through innovation, commercialization, 

and deployment of clean energy 

technologies and infrastructure.’’ 

Through a competitive leasing process 

under 30 CFR 585.211, Empire was 

awarded Renewable Energy Lease OCS– 

A 0512 covering an area offshore New 

York (the Lease Area). Empire has the 

exclusive right to submit a COP for 

activities within the Lease Area, and it 

has submitted a COP to BOEM 

proposing the construction and 

installation, operations and 

maintenance, and conceptual 

decommissioning of two separate 

offshore wind energy facilities in the 

Lease Area (the Projects). 

The goal of Empire is to develop two 

commercial-scale, offshore wind energy 

facilities in the Lease Area (Empire 

Wind 1 and Empire Wind 2). The 

individual projects within the Lease 

Area will be electrically isolated and 

constructed independently from each 

other. Each project will connect to the 

grid via separate offshore substations to 

separate points of interconnection at 

onshore locations by way of separate 

export cable routes and onshore 

substations. The Projects would 

contribute to New York’s goal of 9 

gigawatts of offshore wind energy 

generation by 2035, as outlined in the 

Climate Leadership and Community 

Project Act, signed on July 18, 2019. 

Furthermore, Empire’s goal to construct 

and operate commercial-scale, offshore 

wind energy facilities in the Lease Area 

is intended to fulfill the New York State 

Energy Research and Development 

Authority (NYSERDA) July 18, 2019, 

solicitation award for the 816-megawatt 

(MW) Empire Wind 1 Project and the 

January 13, 2021, solicitation award for 

the 1,260–MW Empire Wind 2 Project. 

Based on the goals of the applicant 

and BOEM’s authority, the purpose of 

BOEM’s action is to respond to Empire’s 

COP proposal and determine whether to 

approve, approve with modifications, or 

disapprove Empire’s COP to construct 

and install, operate and maintain, and 

decommission two commercial-scale, 

offshore wind energy facilities within 

the Lease Area (the Proposed Action). 

BOEM’s action is needed to further the 

United States policy to make Outer 

Continental Shelf energy resources 

available for expeditious and orderly 

development, subject to environmental 

safeguards (43 U.S.C. 1332(3)), 

including consideration of natural 

resources, safety of navigation, and 

existing ocean uses. 

In addition, the National Oceanic and 

Atmospheric Administration’s (NOAA) 

National Marine Fisheries Service 

(NMFS) anticipates receipt of one or 

more requests for authorization to take 

marine mammals incidental to activities 

related to the Project pursuant to the 

Marine Mammal Protection Act 

(MMPA). NMFS’s issuance of an MMPA 

incidental take authorization is a major 

Federal action and, in relation to 

BOEM’s action, is considered a 

connected action (40 CFR 1501.9(e)(1)). 

The purpose of the NMFS action— 

which is a direct outcome of the 

proponent’s request for authorization to 

take marine mammals incidental to 

specified activities associated with the 

Project (e.g., pile driving)—is to evaluate 

the applicant’s request pursuant to 

specific requirements of the MMPA and 

its implementing regulations 

administered by NMFS, considering 

impacts of the applicant’s activities on 

relevant resources, and if appropriate, 

issue the permit or authorization. NMFS 

needs to render a decision regarding the 

request for authorization due to NMFS’ 

responsibilities under the MMPA (16 

U.S.C. 1371(a)(5)(A and D)) and its 

implementing regulations. If NMFS 

makes the findings necessary to issue 

the requested authorization, NMFS 

intends to adopt this EIS to support that 

decision and fulfill its NEPA 

requirements. 

The U.S. Army Corps of Engineers 

(USACE) Philadelphia District 

anticipates a permit action to be 

undertaken through authority delegated 

to the District Engineer by 33 CFR 325.8, 

under section 10 of the Rivers and 

Harbors Act of 1899 (RHA) (33 U.S.C. 

403) and section 404 of the Clean Water 

Act (CWA) (33 U.S.C. 1344). The 

USACE considers issuance of a permit 


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under these two delegated authorities a 

major Federal action connected to 

BOEM’s proposed action (40 CFR 

1501.9(e)(1)). The purpose and need for 

the project as provided by the applicant 

in the COP and reviewed by USACE for 

NEPA purposes: The purpose of the 

Project is to generate renewable 

electricity from an offshore wind farm 

located in the Lease Area. The Project 

addresses the need identified by New 

York for renewable energy and will help 

the State of New York Public Service 

Commission achieve its renewable 

energy goals. 

The basic project purpose, as 

determined by USACE for section 

404(b)(1) guidelines evaluation, is 

offshore wind energy generation. The 

overall project purpose for section 

404(b)(1) guidelines evaluation, as 

determined by USACE, is the 

construction and operation of a 

commercial-scale offshore wind energy 

project for renewable energy generation 

and distribution to the New York energy 

grid. USACE intends to adopt BOEM’s 

EIS to support its decision on any 

permits requested under section 10 of 

the RHA or section 404 of the CWA. 

Preliminary Proposed Action and 

Alternatives 

The Proposed Action is the 

construction and operation of two wind 

energy facilities, as described in the 

COP submitted by Empire on the area 

covered by Lease OCS–A 0512. In its 

COP, Empire is proposing to develop 

the Lease Area as two individual 

projects, known as Empire Wind 1 and 

Empire Wind 2. Empire Wind 1 and 

Empire Wind 2 would be electrically 

isolated and independent from each 

other and would connect to the New 

York electrical grid via offshore 

substations to separate onshore 

locations by way of separate export 

cable routes and onshore substations. 

Together, the Projects would involve 

the construction and operation of up to 

174 wind turbine generators, two 

offshore substations, inter-array cables, 

up to three submarine export cable 

routes, up to three export cable landfalls 

that connect to onshore export cable 

systems, and two onshore substations 

providing connection to the existing 

electrical grid in New York. The wind 

turbine generator foundations may be 

monopiles, gravity base structures with 

associated support and access 

structures, or some combination of the 

two. The wind turbine generators, 

offshore substations, foundations, and 

inter-array cables would be located 

within the Lease Area on the Outer 

Continental Shelf, approximately 14 

statute miles (12 nautical miles) south of 

Long Island, New York, and 19.5 statute 

miles (16.9 nautical miles) east of Long 

Branch, New Jersey. The offshore export 

cables would be buried below the 

seabed. The onshore export cables 

would connect to two onshore 

substations in Brooklyn, New York, and 

Oceanside, New York. 

In addition to the Proposed Action 

and the no action alternative (i.e., 

disapproval of the COP), potential 

alternatives that the draft EIS could 

analyze include approving the COP with 

some no-surface occupancy areas within 

the Lease Area, navigation corridors or 

buffers within the Lease Area, time of 

year restrictions for construction, and 

other possible reasonable alternatives. 

Reasonable alternatives identified 

during the scoping period will be 

evaluated in the draft EIS. 

Once BOEM completes the EIS and 

associated consultations, BOEM will 

decide whether to approve, approve 

with modification, or disapprove 

Empire’s COP. If BOEM approves the 

COP and the Projects are constructed, 

the lessee must submit a plan to 

decommission the facilities before the 

end of the lease term. 

Summary of Potential Impacts 

The draft EIS will identify and 

describe the potential effects of the 

Proposed Action on the human 

environment that are reasonably 

foreseeable and have a reasonably close 

causal relationship to the Proposed 

Action. This includes such potential 

effects that occur at the same time and 

place as the Proposed Action or 

alternatives and such potential effects 

that are later in time or occur in a 

different place. Potential impacts 

include, but are not limited to, impacts 

(both beneficial and adverse) to air 

quality, water quality, bats, benthic 

habitat, essential fish habitat, 

invertebrates, finfish, birds, marine 

mammals, terrestrial and coastal 

habitats and fauna, sea turtles, wetlands 

and other waters of the United States, 

commercial fisheries and for-hire 

recreational fishing, cultural resources, 

demographics, employment, economics, 

environmental justice, land use and 

coastal infrastructure, navigation and 

vessel traffic, other marine uses, 

recreation and tourism, and visual 

resources. The effects of these potential 

impacts will be analyzed in the draft 

and final EIS. 

Based on a preliminary evaluation of 

these resources, BOEM expects potential 

impacts to sea turtles and marine 

mammals from underwater noise caused 

by construction and from collisions 

with Projects-related vessel traffic. 

Structures that Empire would install 

could permanently change benthic 

habitat and other fish habitat. 

Commercial fisheries and for-hire 

recreational fishing may be impacted. 

Project structures above the water may 

affect the visual character that defines 

historic properties and recreation and 

tourism areas. Project structures would 

pose an allision and height hazard to 

vessels passing close by, and vessels 

would in turn pose a hazard to the 

structures. Additionally, the Projects 

may adversely impact military use, air 

traffic, land-based radar services, cables 

and pipelines, scientific surveys, and 

any future mineral extraction. Beneficial 

impacts are also expected by facilitating 

achievement of State renewable energy 

goals, increased job opportunities, 

improving air quality, and reduced 

carbon emissions. The EIS will analyze 

measures that would avoid, minimize, 

or otherwise mitigate potential 

environmental effects. 

Anticipated Permits and Authorizations 

In addition to the requested COP 

approval, various other Federal, State, 

and local authorizations will be 

required for the Projects. In addition to 

those previously discussed (i.e., NEPA, 

NHPA, MMPA, RHA, and CWA), other 

applicable Federal laws include the 

Endangered Species Act, 

Magnuson-Stevens Fishery 

Conservation and Management Act, and 

Coastal Zone Management Act. BOEM 

will also conduct government-togovernment consultations with federally 

recognized Tribes (Tribes). For a full 

listing of regulatory requirements 

applicable to the Projects, please see the 

COP, volume I available at https://

www.boem.gov/Empire-Wind/. 

BOEM has chosen to utilize the NEPA 

substitution process to fulfill its 

obligations under NHPA. While BOEM’s 

obligations under NHPA and NEPA are 

independent, the regulations 

implementing NHPA allow the use of 

NEPA review to substitute for various 

aspects of NHPA’s section 106 (54 

U.S.C. 306108) review to improve 

efficiency, promote transparency and 

accountability, and support a broadened 

discussion of potential effects that a 

project may have on the human 

environment. As provided in 36 CFR 

800.8(c), the NEPA process and 

documentation required for preparation 

of an EIS and record of decision (ROD) 

can be used to fulfill a lead Federal 

agency’s NHPA section 106 review 

obligations in lieu of the procedures set 

forth in 36 CFR 800.3 through 800.6. 

During preparation of the EIS, BOEM 

will ensure that the NEPA substitution 

process will meet its NHPA obligations 


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in a manner that fully implements this 

alternative process. 

Schedule for the Decision-Making 

Process 

After the draft EIS is completed, 

BOEM will publish a notice of 

availability (NOA) and request public 

comments on the draft EIS. BOEM 

expects to issue the NOA in August 

2022. After the public comment period 

ends, BOEM will review and respond to 

comments received and will develop the 

final EIS. BOEM expects to make the 

final EIS available to the public in April 

2023. A ROD will be completed no 

sooner than 30 days after the final EIS 

is released, in accordance with 40 CFR 

1506.11. 

Scoping Process: This NOI begins the 

public scoping process for identifying 

issues and potential alternatives for 

consideration in the Empire Wind EIS. 

The scoping process is intended to 

provide all those interested, including 

Federal agencies, Tribes, State and local 

governments, industry, nongovernmental organizations, and the 

general public, with an opportunity to 

provide information they consider 

appropriate for BOEM to consider. 

BOEM is very interested in information 

that will help it determine significant 

resources and issues, impact-producing 

factors, reasonable alternatives (e.g., 

size, geographic, seasonal, or other 

restrictions on construction and siting of 

facilities and activities), and potential 

mitigation measures to be analyzed in 

the EIS. 

In the interests of efficiency, 

completeness, and facilitating public 

involvement, BOEM will use the NEPA 

process to fulfill NHPA’s public 

involvement requirements under 36 

CFR 800.2(d). BOEM will consider all 

written requests from individuals or 

organizations to participate as 

consulting parties under NHPA and, as 

discussed below, will determine who 

among those parties will be a consulting 

party in accordance with NHPA 

regulations. 

BOEM will hold virtual public 

scoping meetings for the Empire Wind 

EIS at the following dates and times 

(eastern): 

• Wednesday, June 30, 2021, 5:00 p.m.; 

• Thursday, July 8, 2021, 5:00 p.m.; and 

• Tuesday, July 13, 2021, 1:00 p.m. 

Registration for the virtual public 

meetings may be completed here: 

https://www.boem.gov/Empire-WindScoping-Virtual-Meetings or by calling 

(703) 787–1015. 

NEPA Cooperating Agencies: BOEM 

invites other Federal agencies, Tribes, 

and State and local governments to 

consider becoming cooperating agencies 

in the preparation of this EIS. The 

Council on Environmental Quality’s 

(CEQ) NEPA regulations specify that 

qualified agencies and governments are 

those with ‘‘jurisdiction by law or 

special expertise.’’ Potential cooperating 

agencies should consider their authority 

and capacity to assume the 

responsibilities of a cooperating agency 

and should be aware that an agency’s 

role in the environmental analysis 

neither enlarges nor diminishes the final 

decision-making authority of any other 

agency involved in the NEPA process. 

Upon request, BOEM will provide 

potential cooperating agencies with a 

written summary of expectations for 

cooperating agencies, including time 

schedules, milestones, responsibilities, 

scope and detail of cooperating 

agencies’ contributions, and availability 

of pre-decisional information. BOEM 

anticipates this summary will form the 

basis for a memorandum of agreement 

between BOEM and any nonDepartment of the Interior cooperating 

agency. Agencies also should consider 

the factors for determining cooperating 

agency status in CEQ’s memorandum 

entitled ‘‘Cooperating Agencies in 

Implementing the Procedural 

Requirements of the National 

Environmental Policy Act,’’ dated 

January 30, 2002. This document is 

available at: http://energy.gov/sites/ 

prod/files/nepapub/nepa_documents/ 

RedDont/G-CEQCoopAgenciesImplem.pdf. 

BOEM, as the lead agency, will not 

provide financial assistance to 

cooperating agencies. Even if a 

governmental entity is not a cooperating 

agency, it will have opportunities to 

provide information and comments to 

BOEM during the public input stages of 

the NEPA process. 

NHPA Consulting Parties: Certain 

individuals and organizations with a 

demonstrated interest in the Projects 

may request to participate as NHPA 

consulting parties under 36 CFR 

800.2(c)(5) based on their legal or 

economic stake in historic properties 

affected by the Projects. Additionally, 

the same provision allows those with 

concerns about the Projects’ effect on 

historic properties to request to be 

consulting parties. 

Before issuing this NOI, BOEM 

compiled a list of potential consulting 

parties and invited them in writing to 

become consulting parties. To become a 

consulting party, those invited must 

respond in writing, preferably by the 

requested response date. 

Interested individuals or 

organizations that did not receive an 

invitation may request to be consulting 

parties by writing to the appropriate 

staff at ICF, which is supporting BOEM 

in its administration of this review. 

ICF’s contact for this review is January 

Tavel at EmpireWindSection106@

icf.com or (415) 677–7107. BOEM will 

determine which interested parties 

should be consulting parties. 

Comments: Federal agencies, Tribes, 

State and local governments, and other 

interested parties are requested to 

comment on the scope of this EIS, 

significant issues that should be 

addressed, and alternatives that should 

be considered. For information on how 

to submit comments, see the ADDRESSES

section above. 

BOEM does not consider anonymous 

comments. Please include your name 

and address as part of your comment. 

BOEM makes all comments, including 

the names, addresses, and other 

personally identifiable information 

included in the comment, available for 

public review online. Individuals may 

request that BOEM withhold their 

names, addresses, and other personally 

identifiable information from the public 

record; however, BOEM cannot 

guarantee that it will be able to do so. 

For BOEM to withhold from disclosure 

your personally identifiable 

information, you must identify any 

information contained in your comment 

that, if released, would constitute a 

clearly unwarranted invasion of your 

privacy. You also must briefly describe 

any possible harmful consequences of 

the disclosure of information, such as 

embarrassment, injury, or other harm. 

All submissions from organizations or 

businesses and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses will be 

made available for public inspection in 

their entirety. 

Request for Identification of Potential 

Alternatives, Information, and 

Analyses Relevant to the Proposed 

Action 

BOEM requests information on the 

Proposed Action, including data, 

comments, views, information, analysis, 

alternatives, or suggestions from Federal 

agencies, Tribes, State and local 

governments, the scientific community, 

industry, interested parties, and 

members of the public. Specifically: 

1. Potential effects that the Proposed 

Action could have on biological 

resources, including bats, birds, coastal 

fauna, finfish, invertebrates, essential 

fish habitat, marine mammals, and sea 

turtles. 

2. Potential effects that the Proposed 

Action could have on physical resources 

such as air or water (including 


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wetlands), particularly air and water 

quality. 

3. Potential effects that the Proposed 

Action could have on socioeconomic 

and cultural resources, including 

commercial fisheries and for-hire 

recreational fishing, demographics, 

employment, economics, environmental 

justice, land use and coastal 

infrastructure, navigation and vessel 

traffic, other uses (marine minerals, 

military use, aviation), recreation and 

tourism, and scenic and visual 

resources. 

4. Other possible reasonable 

alternatives to the Proposed Action that 

BOEM should consider, including 

additional or alternative avoidance, 

minimization, and mitigation measures. 

5. As part of its compliance with 

NHPA section 106 and its implementing 

regulations (36 CFR part 800), BOEM 

seeks public comment and input from 

consulting parties regarding the 

identification of historic properties 

within the Proposed Action’s area of 

potential effects and the potential effects 

to those historic properties from the 

activities proposed under the COP. 

BOEM also solicits proposed measures 

to avoid, minimize, or otherwise 

mitigate any adverse effects on historic 

properties. Consistent with 

confidentiality requirements, BOEM 

will present available information 

regarding known historic properties 

during the public scoping period. 

BOEM’s effects analysis for historic 

properties will be available for public 

and consulting party comment in the 

draft EIS. 

6. Information on other current or 

planned activities in or near the 

Proposed Action and possible impacts 

on the Projects or the Projects’ impacts 

on those activities. 

7. Other information relevant to the 

Proposed Action and its impacts on the 

human environment. 

To promote informed decisionmaking, comments should be as specific 

as possible and should provide as much 

detail as necessary to meaningfully 

participate and fully inform BOEM of 

the commenter’s position. Comments 

should explain why the issues raised are 

important to the consideration of 

potential environmental impacts and 

alternatives to the Proposed Action as 

well as economic, employment, and 

other impacts affecting the quality of the 

human environment. 

The draft EIS will include a summary 

of all alternatives, information, and 

analyses submitted by federal agencies, 

Tribes, State and local governments, and 

other public entities during the scoping 

process for consideration by BOEM and 

the cooperating agencies. 

Authority: This NOI is published in 

accordance with NEPA, 42 U.S.C. 4321 et 

seq. and 40 CFR 1501.9. 

William Yancey Brown, 

Chief Environmental Officer, Bureau of Ocean 

Energy Management. 

[FR Doc. 2021–13408 Filed 6–23–21; 8:45 am] 

BILLING CODE 4310–MR–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1550–1553 

(Final)] 

Polyester Textured Yarn From 

Indonesia, Malaysia, Thailand, and 

Vietnam; Scheduling of the Final 

Phase of Antidumping Duty 

Investigations 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping investigation Nos. 

731–TA–1550–1553 (Final) pursuant to 

the Tariff Act of 1930 (‘‘the Act’’) to 

determine whether an industry in the 

United States is materially injured or 

threatened with material injury, or the 

establishment of an industry in the 

United States is materially retarded, by 

reason of imports of polyester textured 

yarn from Indonesia, Malaysia, 

Thailand, and Vietnam, provided for in 

subheadings 5402.33.30 and 5402.33.60 

of the Harmonized Tariff Schedule of 

the United States, preliminarily 

determined by the Department of 

Commerce (‘‘Commerce’’) to be sold at 

less-than-fair-value. 

DATES: June 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Andres Andrade (202) 205–2078, Office 

of Investigations, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server (https://

www.usitc.gov). The public record for 

these investigations may be viewed on 

the Commission’s electronic docket 

(EDIS) at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Scope.—For purposes of these 

investigations, Commerce has defined 

the subject merchandise as ‘‘polyester 

textured yarn, is synthetic multifilament 

yarn that is manufactured from 

polyester (polyethylene terephthalate). 

Polyester textured yarn is produced 

through a texturing process, which 

imparts special properties to the 

filaments of the yarn, including stretch, 

bulk, strength, moisture absorption, 

insulation, and the appearance of a 

natural fiber. This scope includes all 

forms of polyester textured yarn, 

regardless of surface texture or 

appearance, yarn density and thickness 

(as measured in denier), number of 

filaments, number of plies, finish 

(luster), cross section, color, dye 

method, texturing method, or packaging 

method (such as spindles, tubes, or 

beams).’’ 

Background.—The final phase of 

these investigations is being scheduled, 

pursuant to section 735(b) of the Tariff 

Act of 1930 (19 U.S.C. 1673d(b)), as a 

result of affirmative preliminary 

determinations by Commerce that 

imports of polyester textured yarn from 

Indonesia, Malaysia, Thailand, and 

Vietnam are being sold in the United 

States at less than fair value within the 

meaning of § 733 of the Act (19 U.S.C. 

1673b). The investigations were 

requested in petitions filed on October 

28, 2020, by Nan Ya Plastics Corp. 

America, Lake City, South Carolina and 

Unifi Manufacturing, Inc., Greensboro, 

North Carolina. 

For further information concerning 

the conduct of this phase of the 

investigations, hearing procedures, and 

rules of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A and C (19 CFR part 207). 

Participation in the investigations and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the final phase of these 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

§ 201.11 of the Commission’s rules, no 

later than 21 days prior to the hearing 

date specified in this notice. A party 

that filed a notice of appearance during 

the preliminary phase of the 

investigations need not file an 

additional notice of appearance during 

this final phase. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 

Please note the Secretary’s Office will 

accept only electronic filings during this 


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