Polyester Textured Yarn: Commerce Issues AD Duty Final Determinations for China and India
The Commerce Department issued its final determinations in the antidumping duty investigations on polyester textured yarn from China and India (A-570-097, A-533-885). Cash deposit rates set in this final determination take effect Nov. 19.
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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for Dec. 30. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
Commerce is also issuing its final determinations in the concurrent countervailing duty investigations on polyester textured yarn from China and India (see 1911180008). The agency set CV duty rates from 32.18% to 473.09% for Chinese exporters, and 4.29% to 21.83% for Indian exporters. Collection of CV duties is currently on hold pending the ITC's final injury determination.
Commerce Amends Scope to Add New HTS Subheading
In these final determinations, Commerce is amending the scope of its AD/CV duty investigations to add Harmonized Tariff Schedule subheading 5402.52.00 to the list of tariff provisions under which subject merchandise may be classified.
Critical Circumstances for All Chinese Exporters, Cash Deposits Still Retroactive 90 Days
Commerce finalized its determination that all exporters of polyester textured yarn from China increased their exports to the U.S. in the months before the preliminary determination of this investigation. As a result of this “critical circumstances" finding, Commerce continues to retroactively suspend liquidation and require AD duty cash deposits for subject merchandise from China as of 90 days before the preliminary determination, i.e., April 2, 2019. For India, AD duty cash deposit collection remains in effect for entries on or after July 1, 2019.
Suspension of liquidation and CV duty cash deposit collection remains in effect for all Chinese companies as of Feb. 2, 2019. Commerce has discontinued CV duty suspension of liquidation for entries on or after Aug. 31.
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation for AD duty purposes and collect cash deposits for subject merchandise entered on or after the dates listed below, and set cash deposit rates as follows beginning Nov. 19:
India
| Company | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| JBF Industries Limited | 47.51% | 43.38% | 07/01/19 |
| Reliance Industries Limited | 17.62% | 13.49% | 07/01/19 |
| All Others | 17.62% | 13.14% | 07/01/19 |
China
| Exporter | Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|---|
| Jiangsu Hengli Chemical Fiber Co., Ltd. | Jiangsu Hengli Chemical Fiber Co., Ltd. | 76.07% | 65.39% | 04/02/19 |
| All Others | 77.15% | 66.47% | 04/02/19 |
*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CV duty collection resumes upon publication of the ITC's final injury determination.
(The period of investigation is 10/01/17 - 09/30/18 for India, and 04/01/18 - 09/30/18 for China. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 1906280021 for a summary of the preliminary determination of this investigation.)
(Federal Register 11/19/19)