29748 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 Affirmative Determination in the 

Less-Than-Fair-Value Investigation of Polyester 

Textured Yarn from Malaysia,’’ 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). 

5 See Initiation Notice, 85 FR at 74680. 

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. 

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. Application of Facts Available and Use of 

Adverse Inferences 

VII. Discussion of the Methodology 

VIII. Currency Conversion 

IX. Recommendation 

[FR Doc. 2021–11632 Filed 6–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–823] 

Polyester Textured Yarn From 

Malaysia: 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 (yarn) from 

Malaysia 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: 

Daniel Alexander, 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) 482–4313. 

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 

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 Malaysia. 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 (scope).5 Certain interested 

parties commented on the scope of the 

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 preliminary 

determination 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 and 

normal values in accordance with 

section 773 of the Act. For a full 

description of the methodology 

underlying Commerce’s 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 

rates that are zero, de minimis margins 

or determined entirely under section 

776 of the Act. In this investigation, 

Commerce preliminarily calculated a 

rate of 17.35 percent for Recron 

(Malaysia) Sdn. Bhd. (Recron). Because 

Recron’s rate is not zero, de minimis or 

based entirely on section 776 of the Act, 

we are relying on Recron’s rate as the 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 29749 

8See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

9See Preliminary Scope Decision Memorandum. 

10See Temporary Rule. 

11See Recron’s Letter, ‘‘Polyester Textured Yarn 

from Malaysia: Request to Extend the Final 

Determination,’’ dated May 18, 2021. 

12See Petitioners’ Letter, ‘‘Polyester Textured 

Yarn from Indonesia, Malaysia, Thailand, and the 

Socialist Republic of Vietnam—Petitioners’ Request 

for Postponement of the Final Antidumping 

Determination,’’ dated May 6, 2021. 

estimated weighted-average dumping 

margin for all other exporters and 

producers not individually examined. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Recron (Malaysia) Sdn. Bhd ...... 17.35 

All Others .................................... 17.35 

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 as follows: (1) 

The cash deposit rate for each of the 

companies listed above will be equal to 

the company-specific estimated 

weighted-average dumping margin as 

determined in this preliminary 

determination; (2) if the exporter is not 

a respondent identified above, but the 

producer is, then the cash deposit rate 

will be equal to the company-specific 

estimated weighted-average dumping 

margin as established for that producer 

of the subject merchandise; and (3) the 

cash deposit rate for all other producers 

and exporters will be equal to the allothers estimated weighted-average 

dumping margin. 

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 

regarding 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 will be 

provided to interested parties at a later 

date. Rebuttal briefs, limited to issues 

raised in case briefs, may be submitted 

no later than seven days after the 

deadline date for case briefs.8 The 

deadlines for submitting case and 

rebuttal briefs on scope issues are in the 

Preliminary Scope Decision 

Memorandum.9 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. Note that Commerce 

has modified certain of its requirements 

for serving documents containing 

business proprietary information until 

further notice.10

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, whether any 

participant is a foreign national, 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 by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

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. 

Section 351.210(e)(2) of Commerce’s 

regulations requires that a request by 

exporters for postponement of the final 

determination be accompanied by a 

request for extension of provisional 

measures from a four-month period to a 

period not more than six months in 

duration. 

On May 18, 2021, pursuant to 19 CFR 

351.210(e), Recron requested in the 

event of an affirmative preliminary 

determination, that Commerce postpone 

the final determination and that 

provisional measures be extended to a 

period not to exceed six months.11 On 

May 6, 2021, the petitioners also filed a 

request to postpone the final 

determination in the event of a negative 

preliminary determination.12 In 

accordance with section 735(a)(2)(A) of 

the Act and 19 CFR 351.210(b)(2)(ii) and 

(e)(2), because: (1) The preliminary 

determination is affirmative; (2) the 

requesting exporter 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 

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. 

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, 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 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 


khammond on DSKJM1Z7X2PROD with NOTICES
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 


khammond on DSKJM1Z7X2PROD with NOTICES