Saturday, June 29, 2019

Polyester Textured Yarn From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures

On June 26, 2019, the U.S. Department of Commerce announced the affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of polyester textured yarn from China and India, finding that exporters from China have dumped polyester textured yarn in the United States at margins of 76.07 percent and 77.15 percent, while exporters from India have dumped polyester textured yarn in the United States at margins of 17.88 percent and 35.92 percent. The petitioners are Unifi Manufacturing, Inc. (Greensboro, NC) and Nan Ya Plastics Corp. America (Lake City, SC).

On July 1, 2019, the U.S. Department of Commerce published in the Federal Register notices of postponement of the final determination the cases relating to polyester textured yarn from China (84 FR 31297) and India (84 FR 31301). The normal 75-day period from preliminary determination to final determination has been extended to 135 days, or November 13, 2019.

Section 735(a)(2) of the Tariff Act of 1930 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. 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 four-month period to a period not more than six months in duration.

On June 14, 2019, Fujian Billion, a Chinese exporter, 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. Because 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's final determination will publish no later than 135 days after the date of publication of this preliminary determination.

On June 13, 2019, Reliance Industries Limited, an Indian exporter, 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. Because 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.

No comments:

Post a Comment