Notices. Enforcement and Compliance, International Trade Administration, Department of Commerce
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/register/2023/06/08/2023-12261·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [C-533-876] Fine Denier Polyester Staple Fiber From India: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty
(CVD)order on fine denier polyester staple fiber (fine denier PSF) from India would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the “Final Results of Sunset Review” section of this notice. DATES: Applicable June 8, 2023. FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202)482-2081. SUPPLEMENTARY INFORMATION: Background On March 16, 2018, Commerce published in the **Federal Register** the CVD order on fine denier PSF from India. 1 On February 1, 2023, Commerce initiated the first sunset review of the *Order,* pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). 2 On February 15, 2023, Commerce received a timely notice of intent to participate from Auriga Polymers Inc., Fiber Industries LLC, Nan Ya Plastics Corporation, America, and Sun Fiber LLC (collectively, the domestic interested parties) within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i). 3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v) as producers of the domestic like product. 1 *See Fine Denier Polyester Staple Fiber from the People's Republic of China and India: Amended Final Affirmative Countervailing Duty Determination for the People's Republic of China and Countervailing Duty Orders for the People's Republic of China and India,* 83 FR 11681 (March 16, 2018) ( *Order* ). 2 *See Initiation of Five-Year (Sunset) Reviews,* 88 FR 6700 (February 1, 2023) ( *Initiation Notice* ). 3 *See* Domestic Interested Parties' Letter, “Fine Denier Polyester Staple Fiber from India—Domestic Interested Parties' Notice of Intent to Participate,” dated February 15, 2023. On March 3, 2023, Commerce received an adequate substantive response to the *Initiation Notice* from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 4 We received no substantive responses from any other interested parties, including the Government of India, and no interested party requested a hearing. On March 23, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties, and that Commerce would conduct an expedited (120-day) sunset review of the *Order,* 5 pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)-(C). 4 *See* Domestic Interested Parties' Letter, “Fine Denier Polyester Staple Fiber from India—Domestic Interested Parties' Substantive Response,” dated March 3, 2023. 5 *See* Commerce's Letter, “Sunset Reviews Initiated on February 1, 2023,” dated March 23, 2023. Scope of the Order The product covered by the *Order* is fine denier PSF. For a complete description of the scope of the *Order, see* the Issues and Decision Memorandum. 6 6 *See* Memorandum, “Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Fine Denier Polyester Staple Fiber from India,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). Analysis of Comments Received All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum. A list of the issues discussed in the Issues and Decision Memorandum is attached as the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at *https://access.trade.gov/public/FRNotices/ListLayout.aspx.* Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the *Order* would likely lead to continuation or recurrence of countervailable subsidies at the following net countervailable subsidy rates: Company Subsidy rate (percent *ad valorem* ) Bombay Dyeing & Manufacturing Company Limited 14.35 Reliance Industries Limited 28.33 All Others 25.77 Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties Commerce is issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: June 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the *Order* IV. History of the *Order* V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2023-12261 Filed 6-7-23; 8:45 am]
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