29750 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, ‘‘Polyester Textured Yarn 

from the Socialist Republic of Vietnam: Decision 

Memorandum for Preliminary Affirmative 

Determination of Sales at Less Than Fair Value,’’ 

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). 

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; see also the ‘‘Public 

Comment’’ section of this notice. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

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

351.205(c), and 19 CFR 351.210(g). 

Dated: May 26, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I—Scope of the Investigation 

The merchandise covered by this 

investigation, 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). 

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. Affiliation 

VII. All-Others Rate 

VIII. Discussion of Methodology 

IX. Currency Conversion 

X. Recommendation 

[FR Doc. 2021–11633 Filed 6–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–832] 

Polyester Textured Yarn From the 

Socialist Republic of Vietnam: 

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 the 

Socialist Republic of Vietnam (Vietnam) 

is being, or is likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of investigation is 

April 1, 2020, through September 30, 

2020. Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable June 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Preston Cox or Yang Jin Chun, AD/CVD 

Operations, Office VI, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–5041 or (202) 482–5760, 

respectively. 

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 of 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 Vietnam. 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. 

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. Because 

Vietnam is a non-market economy, 

within the meaning of section 771(18) of 

the Act, Commerce has calculated 

normal value in accordance with section 

773(c) of the Act. 

In addition, Commerce has relied on 

facts available under section 776(a) of 

the Act to determine the cash deposit 

rate assigned to the Vietnam-wide 

entity. Furthermore, pursuant to 

sections 776(a) and (b) of the Act, 

because the Vietnam-wide entity did not 

cooperate to the best of its ability in 

responding to the Commerce’s request 

for data, Commerce preliminarily has 

relied upon facts otherwise available, 

with adverse inferences, for the 

Vietnam-wide Entity. For a complete 

description of the methodology 


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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 29751 

8See Initiation Notice, 85 FR at 74684. 

9See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigations involving Non-Market 

Economy Countries,’’ (April 5, 2005) (Policy 

Bulletin 05.1), available on Commerce’s website at 

http://enforcement.trade.gov/policy/bull05-1.pdf. 

10The Century Single Entity is comprised of 

Century Synthetic Fiber Corporation and Century 

Synthetic Fiber Corporation—Branch. See 

Memorandum, ‘‘Less-Than-Fair-Value Investigation 

of Polyester Textured Yarn from the Socialist 

Republic of Vietnam: Affiliation and Collapsing 

Analysis for Century Synthetic Fiber Corporation 

and Century Synthetic Fiber Corporation-Branch,’’ 

dated concurrently with this notice. 

11See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

12See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

13See Century Single Entity’s Letter, ‘‘Request to 

Postpone Final Determination & Provisional 

Measures,’’ dated April 29, 2021. 

underlying Commerce’s preliminary 

determination, see the Preliminary 

Decision Memorandum. 

Combination Rates 

In the Initiation Notice,8 Commerce 

explained that it would calculate 

producer/exporter combination rates for 

the respondents that are eligible for a 

separate rate in this investigation. Policy 

Bulletin 05.1 describes this practice.9

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Exporter Producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Century Single 

Entity 10.

Century Single 

Entity.

2.67 

Vietnam-Wide 

Entity.

........................ 22.82 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of entries of subject 

merchandise, as described in Appendix 

I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), Commerce will instruct 

CBP to require a cash deposit equal to 

the weighted average amount by which 

normal value exceeds U.S. price, as 

indicated in the chart above, as follows: 

(1) For the producer/exporter 

combinations listed in the table above, 

the cash deposit rate is equal to the 

estimated weighted-average dumping 

margin listed for that combination in the 

table; (2) for all combinations of 

Vietnam producers/exporters of subject 

merchandise that have not established 

eligibility for their own separate rates, 

the cash deposit rate will be equal to the 

estimated weighted-average dumping 

margin established for the Vietnamwide entity; and (3) for all third-country 

exporters of subject merchandise not 

listed in the table above, the cash 

deposit rate is the cash deposit rate 

applicable to the Vietnam producer/ 

exporter combination (or the Vietnamwide entity) that supplied that thirdcountry exporter. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of this notice 

in accordance with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. Normally, 

Commerce verifies information using 

standard procedures, including an onsite examination of original accounting, 

financial, and sales documentation. 

However, due to current travel 

restrictions in response to the global 

COVID–19 pandemic, Commerce is 

unable to conduct on-site verification in 

this investigation. Accordingly, we 

intend to verify the information relied 

upon in making the final determination 

through alternative means in lieu of an 

on-site verification. 

Public Comment 

Case briefs or other written comments 

on non-scope issues may be submitted 

to the Assistant Secretary for 

Enforcement and Compliance. A 

timeline for the submission of case 

briefs and written comments on nonscope issues will be announced at a 

later date. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than seven days after 

the due date for case briefs.11 The 

deadlines for submitting case and 

rebuttal briefs on scope issues are in the 

Preliminary Scope Decision 

Memorandum. Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this investigation are encouraged to 

submit with each argument: (1) A 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities. Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information until further notice.12

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

issues to be discussed. If a request for 

a hearing is made, Commerce intends to 

hold the hearing at a time and date to 

be determined. Parties should confirm 

the date, time, and location of the 

hearing two days before the scheduled 

date of the hearing. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until not later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the petitioner. 

Pursuant to 19 CFR 351.210(e)(2), 

Commerce requires that requests by 

respondents for postponement of a final 

antidumping determination be 

accompanied by a request for extension 

of provisional measures from a fourmonth period to a period not more than 

six months in duration. 

On April 29, 2021, the Century Single 

Entity requested that Commerce 

postpone its final determination and 

extend the provisional measures period 

from four to no more than six months 

pursuant to pursuant to 19 CFR 

351.210(e).13 In accordance with section 

735(a)(2)(A) of the Act and 19 CFR 

351.210(b)(2)(ii), because: (1) The 

preliminary determination is 

affirmative; (2) the requesting exporter, 

the Century Single Entity, accounts for 

a significant proportion of exports of the 

subject merchandise; and (3) no 

compelling reasons for denial exist, 

Commerce is postponing the final 

determination and extending the 


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29752 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 

1See Pentafluoroethane (R–125) from the People’s 

Republic of China: Initiation of Less-Than-FairValue Investigation, 86 FR 8583 (February 8, 2021). 

2The petitioner is Honeywell International Inc. 

3See Petitioner’s Letter, ‘‘Petitioner’s Request to 

Postpone the Preliminary Determination,’’ dated 

May 21, 2021. 

4 Id. 

5 Id. 

6 Id. 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, Commerce will 

make its final determination no later 

than 135 days after the date of 

publication of this preliminary 

determination, pursuant to section 

735(a)(2) of the Act. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its preliminary determination. If the 

final determination is affirmative, then 

the ITC will determine before the later 

of 120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

imports of the subject merchandise are 

materially injuring, or threaten material 

injury to, the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c) and 19 CFR 351.210(g). 

Dated: May 26, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I—Scope of the Investigation 

The merchandise covered by this 

investigation, 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). 

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 the Investigation 

V. Scope Comments 

VI. Selection of Respondents 

VII. Affiliation and Collapsing 

VIII. Discussion of the Methodology 

IX. Currency Conversion 

X. Recommendation 

[FR Doc. 2021–11635 Filed 6–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–137] 

Pentafluoroethane (R–125) From the 

People’s Republic of China: 

Postponement of Preliminary 

Determination in the Less-Than-FairValue Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable June 3, 2021. 

FOR FURTHER INFORMATION CONTACT: Alex 

Wood or Benjamin A. Luberda, AD/CVD 

Operations, Office II, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–1959 and (202) 482–2185, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2021, the Department 

of Commerce (Commerce) initiated a 

less-than-fair-value (LTFV) investigation 

of imports of pentafluoroethane (R–125) 

from the People’s Republic of China 

(China).1 Currently, the preliminary 

determination is due no later than June 

21, 2021. 

Postponement of Preliminary 

Determination 

Section 733(b)(1)(A) of the Tariff Act 

of 1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in an LTFV investigation 

within 140 days after the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1) of the Act 

permits Commerce to postpone the 

preliminary determination until no later 

than 190 days after the date on which 

Commerce initiated the investigation if: 

(A) The petitioner 2 makes a timely 

request for a postponement; or (B) 

Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On May 21, 2021, the petitioner 

submitted a timely request that 

Commerce postpone the preliminary 

determination in the LTFV 

investigation.3 The petitioner stated that 

it requests postponement ‘‘to permit 

Commerce to fully develop the record in 

this investigation.’’ 4 The petitioner 

believes additional time is necessary to 

ensure that Commerce is able ‘‘to 

sufficiently review all questionnaire 

responses and new factual information, 

including that with respect to surrogate 

country and data to value factors of 

production.’’ 5 The petitioner also 

correctly notes that Commerce has not 

yet received respondent’s supplemental 

questionnaire responses which are 

necessary for a complete accounting of 

production and sales data.6

For the reasons stated above and 

because there are no compelling reasons 

to deny the request, Commerce, in 

accordance with section 733(c)(1)(A) of 

the Act, is postponing the deadline for 

the preliminary determination by 50 

days (i.e., 190 days after the date on 

which this investigation was initiated). 

As a result, Commerce will issue its 

preliminary determination no later than 

August 10, 2021. In accordance with 

section 735(a)(1) of the Act and 19 CFR 

351.210(b)(1), the deadline for the final 

determination of this investigation will 

continue to be 75 days after the date of 

the preliminary determination, unless 

postponed at a later date. 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: May 27, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–11672 Filed 6–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 


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