Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 29745 

1See Agreement Suspending the Antidumping 

Investigation of Certain Cut-To-Length Carbon Steel 

Plate from Ukraine: Preliminary Results of 2018– 

2019 Administrative Review, 86 FR 15647 (March 

24, 2021) (Preliminary Results), and accompanying 

Preliminary Decision Memorandum (PDM). 

The merchandise subject to this 

investigation is properly classified under 

subheadings 5402.33.3000 and 5402.33.6000 

of the Harmonized Tariff Schedule of the 

United States (HTSUS). Although the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the merchandise is dispositive. 

Appendix II—List of Topics Discussed 

in the Preliminary Decision 

Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope of Investigation 

V. Scope Comments 

VI. Application of Facts Available and Use of 

Adverse Inferences 

VII. All-Others Rate 

VIII. Discussion of Methodology 

IX. Currency Conversion 

X. Recommendation 

[FR Doc. 2021–11634 Filed 6–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–823–808] 

Agreement Suspending the 

Antidumping Investigation of Certain 

Cut-to-Length Carbon Steel Plate From 

Ukraine: Final Results of 

Administrative Review; 2018–2019 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines in this 

administrative review of the Agreement 

Suspending the Antidumping 

Investigation of Certain Cut-to-Length 

Carbon Steel Plate from Ukraine 

(Agreement) that signatory Ukrainian 

producers/exporters Azovstal Iron & 

Steel Works (Azovstal) and Ilyich Iron 

and Steel Works (Ilyich), which are 

subsidiaries of Metinvest Holding LLC 

(Metinvest), are in compliance with the 

Agreement and that the Agreement is 

meeting the statutory requirements 

under sections 734(b) and (d) of the 

Tariff Act of 1930, as amended (the Act). 

The period of review (POR) is November 

1, 2018 through October 31, 2019. 

DATES: Applicable June 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Sally C. Gannon or Jill Buckles, Bilateral 

Agreements Unit, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0162 or (202) 482–6230, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 24, 2021, Commerce 

published the Preliminary Results of the 

administrative review of the 

Agreement.1 The administrative review 

covers signatory Ukrainian producers/ 

exporters Azovstal and Ilyich, which are 

subsidiaries of Metinvest and were 

individually examined in this review. 

We invited interested parties to 

comment on the Preliminary Results. No 

interested party submitted comments. 

Hence, these final results are unchanged 

from the Preliminary Results. 

Scope of Review 

For purposes of this Agreement, the 

products covered are hot-rolled iron and 

non-alloy steel universal mill plates 

(i.e., flat-rolled products rolled on four 

faces or in a closed box pass, of a width 

exceeding 150 mm but not exceeding 

1250 mm and of a thickness of not less 

than 4 mm, not in coils and without 

patterns in relief), of rectangular shape, 

neither clad, plated nor coated with 

metal, whether or not painted, 

varnished, or coated with plastics or 

other nonmetallic substances; and 

certain iron and non-alloy steel flatrolled products not in coils, of 

rectangular shape, hot-rolled, neither 

clad, plated, nor coated with metal, 

whether or not painted, varnished, or 

coated with plastics or other 

nonmetallic substances, 4.75 mm or 

more in thickness and of a width which 

exceeds 150 mm and measures at least 

twice the thickness. Included as subject 

merchandise in the Agreement are flatrolled products of nonrectangular crosssection where such cross-section is 

achieved subsequent to the rolling 

process (i.e., products which have been 

‘‘worked after rolling’’) for example, 

products which have been bevelled or 

rounded at the edges. 

This merchandise is currently 

classified in the Harmonized Tariff 

Schedule of the United States (HTS) 

under item numbers 7208.40.3030, 

7208.40.3060, 7208.51.0030, 

7208.51.0045, 7208.51.0060, 

7208.52.0000, 7208.53.0000, 

7208.90.0000, 7210.70.3000, 

7210.90.9000, 7211.13.0000, 

7211.14.0030, 7211.14.0045, 

7211.90.0000, 7212.40.1000, 

7212.40.5000, and 7212.50.0000. 

Although the HTS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of the Agreement is dispositive. 

Specifically excluded from subject 

merchandise within the scope of the 

Agreement is grade X–70 plate. 

Final Results of the Administrative 

Review 

As a result of this administrative 

review, we continue to find Azovstal 

and Ilyich, collectively participating as 

Metinvest, to be in compliance with the 

terms of the Agreement during the POR 

and that the Agreement is meeting the 

statutory requirements under sections 

734(b) and (d) of the Act. Commerce 

conducted this review in accordance 

with section 751(a)(1)(C) of the Act, 

which specifies that Commerce shall 

‘‘review the current status of, and 

compliance with, any agreement by 

reason of which an investigation was 

suspended.’’ 

Section 734(b) provides that 

Commerce may suspend an 

investigation if the exporters of the 

subject merchandise who account for 

substantially all of the imports of that 

merchandise agree to revise their prices 

to eliminate completely any amount by 

which the normal value (NV) of the 

merchandise which is the subject of the 

agreement exceeds the export price (or 

the constructed export price) of that 

merchandise. In addition, section 734(d) 

of the Act requires that Commerce be 

satisfied that suspension of the 

investigation is in the public interest 

and that effective monitoring of the 

agreement is practicable. 

Commerce continues to find no 

evidence of non-compliance by Azovstal 

and Ilyich with respect to ensuring that 

subject merchandise is sold in the 

United States at prices that are at or 

above the applicable NV determined by 

Commerce. Therefore, Commerce 

continues to find for these final results 

that the Agreement is meeting the 

statutory requirements of section 734(b) 

of the Act. In addition, with regard to 

the requirements of 734(d) of the Act, 

Commerce continues to find for these 

final results that the Agreement is in the 

public interest and that effective 

monitoring of the Agreement is 

practicable. 

Notification Regarding Administrative 

Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 


khammond on DSKJM1Z7X2PROD with NOTICES
29746 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 

1See Polyester Textured Yarn from Indonesia, 

Malaysia, Thailand, and the Socialist Republic of 

Vietnam: Initiation of Less-Than-Fair-Value 

Investigations, 85 FR 74680 (November 23, 2020) 

(Initiation Notice). 

2See Polyester Textured Yarn from Indonesia, 

Malaysia, Thailand, and the Socialist Republic of 

Vietnam: Postponement of Preliminary 

Determinations in the Less-Than-Fair Value 

Investigations, 86 FR 17362 (April 2, 2021). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Polyester Textured Yarn 

from Thailand,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

5See Initiation Notice, 85 FR at 74681. 

6See Memorandum, ‘‘Antidumping Duty 

Investigations of Polyester Textured Yarn from 

Indonesia, Malaysia, Thailand, and Vietnam: 

Preliminary Scope Decision Memorandum,’’ dated 

concurrently with this notice (Preliminary Scope 

Decision Memorandum). 

7Case briefs, other written comments, and 

rebuttal briefs submitted by in response to this 

preliminary LTFV determination should not 

include scope-related issues. See Preliminary Scope 

Decision Memorandum, and ‘‘Public Comment’’ 

section of this notice. 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

Commerce is issuing and publishing 

these results of review in accordance 

with sections 751(a)(l) and 777(i)(l) of 

the Act and 19 CFR 351.213 and 19 CFR 

351.221(b)(5). 

Dated: May 27, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–11673 Filed 6–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–843] 

Polyester Textured Yarn From 

Thailand: Preliminary Affirmative 

Determination of Sales at Less Than 

Fair Value, Postponement of Final 

Determination, and Extension of 

Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that polyester textured yarn from 

Thailand is being, or is likely to be, sold 

in the United States at less than fair 

value (LTFV). The period of 

investigation is October 1, 2019, through 

September 30, 2020. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable June 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Berger, AD/CVD Operations, 

Office III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2483. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce initiated this LTFV 

investigation on November 17, 2020.1

On April 2, 2021, Commerce postponed 

the preliminary determination in this 

investigation and the revised deadline is 

now May 26, 2021.2

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

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 Preliminary Decision 

Memorandum can be accessed directly 

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

Scope of the Investigation 

The product covered by this 

investigation is polyester textured yarn 

from Thailand. For a complete 

description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 Certain interested 

parties commented on the scope of this 

investigation as it appeared in the 

Initiation Notice. For a summary of the 

product coverage comments and 

rebuttal responses submitted to the 

record for this investigation, and 

accompanying discussion and analysis 

of all comments timely received, see the 

Preliminary Scope Decision 

Memorandum.6 As discussed in the 

Preliminary Scope Decision 

Memorandum, Commerce is 

preliminarily not modifying the scope 

language as it appeared in the Initiation 

Notice. See the scope in Appendix I to 

this notice. 

The Preliminary Scope Decision 

Memorandum establishes the deadline 

to submit scope case briefs.7 There will 

be no further opportunity for comments 

on scope-related issues. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Commerce has 

calculated export prices in accordance 

with section 772(a) of the Act. Normal 

value is calculated in accordance with 

section 773 of the Act. In addition, 

pursuant to sections 776(a) and (b) of 

the Act, Commerce has preliminarily 

relied upon facts otherwise available, 

with adverse inferences, for Jong Stit 

Co., Ltd. (Jong Stit). For a full 

description of the methodology 

underlying the preliminary 

determination, see the Preliminary 

Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(A)(ii) and 

735(c)(5)(A) of the Act provide that in 

the preliminary determination 

Commerce shall determine an estimated 

all-others rate for all exporters and 

producers not individually examined. 

This rate shall be an amount equal to 

the weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. 

In this investigation, Commerce 

preliminarily assigned a rate based 

entirely on facts available to Jong Stit. 

Therefore, the only rate that is not zero, 

de minimis or based entirely on facts 

otherwise available is the rate calculated 

for Sunflag Thailand Ltd. (Sunflag). 

Consequently, the rate calculated for 

Sunflag is also assigned as the rate for 

all other producers and exporters in 

Thailand, pursuant to section 

735(c)(5)(A) of the Act. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 


khammond on DSKJM1Z7X2PROD with NOTICES