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
Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 29747 

8See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 9See Preliminary Scope Decision Memorandum. 10See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19, 85 FR 

17006 (March 26, 2020); and Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020) (collectively, Temporary 

Rule). 

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

from Thailand: Request to Postpone Final 

Determination and to Extend Provisional 

Measures,’’ dated April 28, 2021. 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Sunflag Thailand Ltd .................. 14.80 

Jong Stit Co., Ltd ........................ 56.80 

All Others .................................... 14.80 

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 

estimated weighted-average dumping 

margin or the estimated all-others rate, 

as follows: (1) The cash deposit rate for 

the respondents listed above will be 

equal to the company-specific estimated 

weighted-average dumping margins 

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 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. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

Disclosure 

Commerce intends to disclose to 

interested parties any calculations 

performed in connection with this 

preliminary determination within five 

days of its 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 notified to 

interested parties at a later date. 

Rebuttal briefs, limited to issues raised 

in these 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 temporarily 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, 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 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 in the 

Federal Register 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 fourmonth period to a period not more than 

six months in duration. 

On April 28, 2021, pursuant to 19 

CFR 351.210(e), Sunflag requested that 

Commerce postpone the final 

determination and that provisional 

measures be extended to a period not to 

exceed six months.11 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 

accounts for a significant proportion of 

exports of the subject merchandise; and 

(3) no compelling reason 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 in the Federal Register. 

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 

imports of polyester textured yarn from 

Thailand 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, 19 CFR 

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


khammond on DSKJM1Z7X2PROD with NOTICES
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