Polytetrafluoroethylene Resin From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 20035-20038 [2018-09633]
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Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices
The Department of Commerce
(Commerce) seeks public comment on
any subsidies, including stumpage
subsidies, provided by certain countries
exporting softwood lumber or softwood
lumber products to the United States
during the period July 1, 2017, through
December 31, 2017.
DATES: Comments must be submitted
within 30 days after publication of this
notice.
ADDRESSES: See the Submission of
Comments section below.
FOR FURTHER INFORMATION CONTACT:
James Terpstra or Brendan Quinn,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3965 or
(202) 482–5848, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
On June 18, 2008, section 805 of Title
VIII of the Tariff Act of 1930 (the
Softwood Lumber Act of 2008) was
enacted into law. Under this provision,
the Secretary of Commerce is mandated
to submit to the appropriate
Congressional committees a report every
180 days on any subsidy provided by
countries exporting softwood lumber or
softwood lumber products to the United
States, including stumpage subsidies.
Commerce submitted its last subsidy
report on December 16, 2017. As part of
its newest report, Commerce intends to
include a list of subsidy programs
identified with sufficient clarity by the
public in response to this notice.
Request for Comments
Given the large number of countries
that export softwood lumber and
softwood lumber products to the United
States, we are soliciting public comment
only on subsidies provided by countries
the exports of which accounted for at
least one percent of total U.S. imports of
softwood lumber by quantity, as
classified under Harmonized Tariff
Schedule code 4407.1001 (which
accounts for the vast majority of
imports), during the period July 1, 2017,
through December 31, 2017. Official
U.S. import data published by the
United States International Trade
Commission Tariff and Trade DataWeb
indicate that four countries (Brazil,
Canada, Germany and Sweden)
exported softwood lumber to the United
States during that time period in
amounts sufficient to account for at least
one percent of U.S. imports of softwood
lumber products. We intend to rely on
similar previous six-month periods to
identify the countries subject to future
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reports on softwood lumber subsidies.
For example, we will rely on U.S.
imports of softwood lumber and
softwood lumber products during the
period January 1, 2018 through June 30,
2018, to select the countries subject to
the next report.
Under U.S. trade law, a subsidy exists
where an authority: (i) Provides a
financial contribution; (ii) provides any
form of income or price support within
the meaning of Article XVI of the GATT
1994; or (iii) makes a payment to a
funding mechanism to provide a
financial contribution to a person, or
entrusts or directs a private entity to
make a financial contribution, if
providing the contribution would
normally be vested in the government
and the practice does not differ in
substance from practices normally
followed by governments, and a benefit
is thereby conferred.1
Parties should include in their
comments: (1) The country which
provided the subsidy; (2) the name of
the subsidy program; (3) a brief
description (no more than 3–4
sentences) of the subsidy program; and
(4) the government body or authority
that provided the subsidy.
Submission of Comments
As specified above, to be assured of
consideration, comments must be
received no later than 30 days after the
publication of this notice in the Federal
Register. All comments must be
submitted through the Federal
eRulemaking Portal at https://
www.regulations.gov, Docket No. ITA–
2018–0002, unless the commenter does
not have access to the internet. The
materials in the docket will not be
edited to remove identifying or contact
information, and Commerce cautions
against including any information in an
electronic submission that the submitter
does not want publicly disclosed.
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, or Adobe PDF formats only.
Commenters who do not have access
to the internet may submit the original
and one electronic copy of each set of
comments by mail or hand delivery/
courier.
All comments should be addressed to
Gary Taverman, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations
performing the non-exclusive functions
and duties of the Assistant Secretary for
Enforcement and Compliance, Room
18022, Department of Commerce, 1401
1 See section 771(5)(B) of the Tariff Act of 1930,
as amended.
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20035
Constitution Ave. NW, Washington, DC
20230.
Dated: May 1, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2018–09631 Filed 5–4–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–879]
Polytetrafluoroethylene Resin From
India: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that polytetrafluoroethylene (PTFE)
resin from India is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is July 1, 2016,
through June 30, 2017. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable May 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski or Mark Kennedy,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1395 or
(202) 482–7883, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 26, 2017.1
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018.2 Accordingly, the
1 See Polytetrafluoroethylene Resin from India
and the People’s Republic of China: Initiation of
Less-Than-Fair-Value Investigations, 82 FR 49587
(October 26, 2017) (Initiation Notice).
2 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
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Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices
revised deadline for the preliminary
determination of this investigation
became March 12, 2018.3 Subsequently,
on February 20, 2018, Commerce
postponed the preliminary
determination of this investigation and
the revised deadline is now April 30,
2018.4 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.5 A list of topics
addressed 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, and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Scope of the Investigation
The product covered by this
investigation is PTFE resin from India.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,6 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (scope).7 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 investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.8 See the scope in
Appendix I to this notice. The scope
case briefs were due on April 9, 2018,
30 days after the publication of PTFE
Resin from India CVD.9 There will be no
further opportunity for comments on
scope-related issues.10
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.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated 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)(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 weightedaverage dumping margins established
for exporters and producers
individually examined, excluding all
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In this investigation, Commerce has
preliminarily determined a calculated
rate for Gujarat Fluorochemicals
Limited, the one mandatory respondent
in this investigation, that is not zero, de
minimis, or based entirely on facts
otherwise available. Consequently, the
rate calculated for this respondent is
also assigned as the rate for all-other
producers and exporters in this
investigation.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent ad
valorem)
Exporter/producer
Gujarat Fluorochemicals Limited .............................................................................................................................
All-Others .................................................................................................................................................................
Suspension of Liquidation
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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
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by 3 days.
3 Id.
4 See Polytetrafluoroethylene Resin from India:
Postponement of Preliminary Determination of
Antidumping Duty Investigation, 83 FR 8423
(February 27, 2018).
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Polytetrafluoroethylene
Resin from India’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
7 See Initiation Notice.
8 See Memorandum, ‘‘Polytetrafluoroethylene
Resin from India and the People’s Republic of
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17:38 May 04, 2018
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18.49
18.49
Cash deposit
rate
(adjusted for
export subsidy
offset)
(percent ad
valorem)
11 17.16
12 17.16
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, as discussed
below. 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
China: Scope Comments Decision Memorandum for
the Preliminary Determinations,’’ dated February
28, 2018 (Preliminary Scope Decision
Memorandum).
9 The scope case briefs were due 30 days after the
publication of Polytetrafluoroethylene Resin from
India: Preliminary Affirmative Countervailing Duty
Determination, 83 FR 9842 (March 8, 2018) (PTFE
Resin from India CVD), which was Saturday, April
7, 2018. See the Preliminary Scope Decision
Memorandum at 2. Therefore, the actual deadline
for the scope case briefs was Monday, April 9, 2018.
See 19 CFR 351.303(b)(1) (‘‘For both electronically
filed and manually filed documents, if the
applicable due date falls on a non-business day, the
Secretary will accept documents that are filed on
the next business day.’’). The deadline for scope
rebuttal briefs was Monday, April 16, 2018.
10 See Preliminary Scope Decision Memorandum
at 3 (‘‘Parties should include all arguments about
scope-related issues in the scope case and scope
rebuttal briefs. Commerce does not intend to permit
arguments about scope-related issues in the
investigation-specific case and rebuttal briefs
regarding other issues.’’)
11 See Polytetrafluoroethylene Resin from India:
Preliminary Affirmative Countervailing Duty
Determination, 83 FR 9842 (March 8, 2018) and
accompanying Preliminary Decision Memorandum
at ‘‘Programs Preliminarily Determined to Be
Countervailable’’ (specifically, Export Promotion of
Capital Goods Scheme (EPCGS); Advance
Authorization Program (AAP) aka Advance License
Program (ALP); and Status Holders Incentive Scrip
(SHIS)).
12 Id.
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Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices
margin or the estimated all-others rate,
adjusted for export subsidies, as follows:
(1) The cash deposit rate for the
respondent listed above will be equal to
the company-specific estimated
weighted-average dumping margins
determined in this preliminary
determination, adjusted for export
subsidies; (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, adjusted for
export subsidies; and (3) the cash
deposit rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin, adjusted for export subsidies.
For cash deposits, Commerce
normally adjusts the estimated
weighted-average dumping margins by
the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
has preliminarily made an affirmative
determination that there are
countervailable export subsidies,
Commerce has offset the estimated
weighted-average dumping margin by
the appropriate CVD rate attributable to
export subsidies. Any such cash deposit
rate may be found in the Preliminary
Determination section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for the
countervailable export subsidies at the
time that the provisional CVD measures
expire.13
These suspension of liquidation
instructions will remain in effect until
further notice.
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Disclosure
Commerce intends to disclose to
interested parties the 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
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last final
verification report is issued in this
investigation.14 Rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.15
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.
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 the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, 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
petitioners. Pursuant to 19 CFR
14 Case
As provided in section 782(i)(1) of the
Act, Commerce intends to verify
13 See
Polytetrafluoroethylene Resin from India:
Preliminary Affirmative Countervailing Duty
Determination, 83 FR 9842 (March 8, 2018).
VerDate Sep<11>2014
information relied upon in making its
final determination.
17:38 May 04, 2018
Jkt 244001
briefs, other written comments, and
rebuttal briefs should not include scope-related
issues. See Preliminary Scope Decision
Memorandum at 2–3. Parties were already
permitted the opportunity to file scope case briefs.
Id.
15 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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20037
351.210(e)(2), 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 March 28, 2018, pursuant to 19
CFR 351.210(e), GFL requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.16 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 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 be published 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 of sales at
LTFV. 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 the subject
merchandise 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 and 19
CFR 351.205(c).
Dated: April 30, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I—Scope of the Investigation
The product covered by this investigation
is polytetrafluoroethylene (PTFE) resin,
including but not limited to granular,
dispersion, or coagulated dispersion (also
16 See Letter from GFL, ‘‘Polytetrafluoroethylene
(PTFE) Resin from India: Gujarat Fluorochemicals
Ltd.’s Request to Postpone Final Determination,’’
dated March 28, 2018.
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Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices
known as fine powder). PTFE is covered by
the scope of this investigation whether filled
or unfilled, whether or not modified, and
whether or not containing co-polymer
additives, pigments, or other materials. Also
included is PTFE wet raw polymer. The
chemical formula for PTFE is C2F4, and the
Chemical Abstracts Service Registry number
is 9002–84–0.
PTFE further processed into micropowder,
having particle size typically ranging from 1
to 25 microns, and a melt-flow rate no less
than 0.1 gram/10 minutes, is excluded from
the scope of this investigation.
PTFE is classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 3904.61.0010 and 3904.61.0090.
Subject merchandise may also be classified
under HTSUS subheading 3904.69.5000.
Although the HTSUS subheadings and CAS
Number are provided for convenience and
Customs purposes, the written description of
the scope is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Product Characteristics
VI. Selection of Respondents
VII. Discussion of the Methodology
A. Application of Facts Available
B. Comparisons to Fair Value
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Comparison Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2018–09633 Filed 5–4–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the United States Travel
and Tourism Advisory Board
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
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AGENCY:
The United States Travel and
Tourism Advisory Board (Board or
TTAB) will hold a meeting on
Thursday, May 24, 2018. The Board
advises the Secretary of Commerce on
matters relating to the U.S. travel and
tourism industry. The purpose of the
SUMMARY:
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17:38 May 04, 2018
Jkt 244001
meeting is for Board members to discuss
recommendations related to the
importance of international travel and
tourism to the United States. The final
agenda will be posted on the
Department of Commerce website for
the Board at https://trade.gov/ttab at least
one week in advance of the meeting.
DATES: Thursday, May 24, 2018, 3:00
p.m.–4:30 p.m. EDT. The deadline for
members of the public to register,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EDT on Thursday, May 17,
2018.
ADDRESSES: The meeting will be held in
Washington, DC. The exact location will
be provided by email to registrants.
Requests to register (including to
speak or for auxiliary aids) and any
written comments should be submitted
to: National Travel and Tourism Office,
U.S. Department of Commerce, 1401
Constitution Ave. NW, Room 10003,
Washington, DC 20230 or by email to
TTAB@trade.gov. Members of the public
are encouraged to submit registration
requests and written comments via
email to ensure timely receipt.
FOR FURTHER INFORMATION CONTACT:
Brian Beall, the United States Travel
and Tourism Advisory Board, National
Travel and Tourism Office, U.S.
Department of Commerce, 1401
Constitution Ave. NW, Room 10003,
Washington, DC 20230; telephone: 202–
482–0140; email: TTAB@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Board advises the
Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry.
Public Participation: The meeting will
be open to the public and will be
accessible to people with disabilities.
Any member of the public requesting to
join the meeting is asked to register in
advance by the deadline identified
under the DATES caption. Requests for
auxiliary aids must be submitted by the
registration deadline. Last minute
requests will be accepted, but may not
be possible to fill. There will be fifteen
(15) minutes allotted for oral comments
from members of the public joining the
meeting. To accommodate as many
speakers as possible, the time for public
comments may be limited to three (3)
minutes per person. Members of the
public wishing to reserve speaking time
during the meeting must submit a
request at the time of registration, as
well as the name and address of the
proposed speaker. If the number of
registrants requesting to make
statements is greater than can be
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reasonably accommodated during the
meeting, the International Trade
Administration may conduct a lottery to
determine the speakers. Speakers are
requested to submit a written copy of
their prepared remarks by 5:00 p.m.
EDT on Thursday, May 17, 2018, for
inclusion in the meeting records and for
circulation to the members of the Board.
In addition, any member of the public
may submit pertinent written comments
concerning the Board’s affairs at any
time before or after the meeting.
Comments may be submitted to Brian
Beall at the contact information
indicated above. To be considered
during the meeting, comments must be
received no later than 5:00 p.m. EDT on
Thursday, May 17, 2018, to ensure
transmission to the Board prior to the
meeting. Comments received after that
date and time will be distributed to the
members but may not be considered
during the meeting. Copies of Board
meeting minutes will be available
within 90 days of the meeting.
Brian Beall,
Designated Federal Officer, United States
Travel and Tourism Advisory Board.
[FR Doc. 2018–09642 Filed 5–4–18; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–812]
Steel Wire Garment Hangers From the
Socialist Republic of Vietnam:
Rescission of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on steel
wire garment hangers from the Socialist
Republic of Vietnam (Vietnam) for the
period of review (POR) February 1,
2017, through January 31, 2018.
DATES: Applicable May 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Trenton Duncan or Kabir Archuletta,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3539 or
(202) 482–2593, respectively.
AGENCY:
Background
On February 1, 2018, Commerce
published in the Federal Register a
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]]>Agencies
[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Notices]
[Pages 20035-20038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09633]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-879]
Polytetrafluoroethylene Resin From India: 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 polytetrafluoroethylene (PTFE) resin from India is being, or is
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is July 1, 2016, through June 30,
2017. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 7, 2018.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Mark Kennedy,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1395 or (202)
482-7883, 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
published the notice of initiation of this investigation on October 26,
2017.\1\
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\1\ See Polytetrafluoroethylene Resin from India and the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 49587 (October 26, 2017) (Initiation Notice).
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Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22,
2018.\2\ Accordingly, the
[[Page 20036]]
revised deadline for the preliminary determination of this
investigation became March 12, 2018.\3\ Subsequently, on February 20,
2018, Commerce postponed the preliminary determination of this
investigation and the revised deadline is now April 30, 2018.\4\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\5\ A list of
topics addressed 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, and to all parties in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
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\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by 3 days.
\3\ Id.
\4\ See Polytetrafluoroethylene Resin from India: Postponement
of Preliminary Determination of Antidumping Duty Investigation, 83
FR 8423 (February 27, 2018).
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Polytetrafluoroethylene Resin from India'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is PTFE resin from India.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (scope).\7\ 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 investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\8\ See the
scope in Appendix I to this notice. The scope case briefs were due on
April 9, 2018, 30 days after the publication of PTFE Resin from India
CVD.\9\ There will be no further opportunity for comments on scope-
related issues.\10\
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\7\ See Initiation Notice.
\8\ See Memorandum, ``Polytetrafluoroethylene Resin from India
and the People's Republic of China: Scope Comments Decision
Memorandum for the Preliminary Determinations,'' dated February 28,
2018 (Preliminary Scope Decision Memorandum).
\9\ The scope case briefs were due 30 days after the publication
of Polytetrafluoroethylene Resin from India: Preliminary Affirmative
Countervailing Duty Determination, 83 FR 9842 (March 8, 2018) (PTFE
Resin from India CVD), which was Saturday, April 7, 2018. See the
Preliminary Scope Decision Memorandum at 2. Therefore, the actual
deadline for the scope case briefs was Monday, April 9, 2018. See 19
CFR 351.303(b)(1) (``For both electronically filed and manually
filed documents, if the applicable due date falls on a non-business
day, the Secretary will accept documents that are filed on the next
business day.''). The deadline for scope rebuttal briefs was Monday,
April 16, 2018.
\10\ See Preliminary Scope Decision Memorandum at 3 (``Parties
should include all arguments about scope-related issues in the scope
case and scope rebuttal briefs. Commerce does not intend to permit
arguments about scope-related issues in the investigation-specific
case and rebuttal briefs regarding other issues.'')
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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. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated 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)(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 examined, excluding all rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this investigation, Commerce has preliminarily determined a
calculated rate for Gujarat Fluorochemicals Limited, the one mandatory
respondent in this investigation, that is not zero, de minimis, or
based entirely on facts otherwise available. Consequently, the rate
calculated for this respondent is also assigned as the rate for all-
other producers and exporters in this investigation.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Cash deposit
Estimated rate (adjusted
weighted- for export
Exporter/producer average subsidy
dumping margin offset)
(percent ad (percent ad
valorem) valorem)
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Gujarat Fluorochemicals Limited......... 18.49 \11\ 17.16
All-Others.............................. 18.49 \12\ 17.16
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Suspension of Liquidation
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\11\ See Polytetrafluoroethylene Resin from India: Preliminary
Affirmative Countervailing Duty Determination, 83 FR 9842 (March 8,
2018) and accompanying Preliminary Decision Memorandum at ``Programs
Preliminarily Determined to Be Countervailable'' (specifically,
Export Promotion of Capital Goods Scheme (EPCGS); Advance
Authorization Program (AAP) aka Advance License Program (ALP); and
Status Holders Incentive Scrip (SHIS)).
\12\ Id.
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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, as discussed below.
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
[[Page 20037]]
margin or the estimated all-others rate, adjusted for export subsidies,
as follows: (1) The cash deposit rate for the respondent listed above
will be equal to the company-specific estimated weighted-average
dumping margins determined in this preliminary determination, adjusted
for export subsidies; (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,
adjusted for export subsidies; and (3) the cash deposit rate for all
other producers and exporters will be equal to the all-others estimated
weighted-average dumping margin, adjusted for export subsidies.
For cash deposits, Commerce normally adjusts the estimated
weighted-average dumping margins by the amount of export subsidies
countervailed in a companion countervailing duty (CVD) proceeding, when
CVD provisional measures are in effect. Accordingly, where Commerce has
preliminarily made an affirmative determination that there are
countervailable export subsidies, Commerce has offset the estimated
weighted-average dumping margin by the appropriate CVD rate
attributable to export subsidies. Any such cash deposit rate may be
found in the Preliminary Determination section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for the countervailable
export subsidies at the time that the provisional CVD measures
expire.\13\
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\13\ See Polytetrafluoroethylene Resin from India: Preliminary
Affirmative Countervailing Duty Determination, 83 FR 9842 (March 8,
2018).
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These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the 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 information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last final verification report is
issued in this investigation.\14\ Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\15\ 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.
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\14\ Case briefs, other written comments, and rebuttal briefs
should not include scope-related issues. See Preliminary Scope
Decision Memorandum at 2-3. Parties were already permitted the
opportunity to file scope case briefs. Id.
\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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 the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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 petitioners. Pursuant to 19 CFR 351.210(e)(2), 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 March 28, 2018, pursuant to 19 CFR 351.210(e), GFL requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\16\ 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
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 be published no later than 135 days after the
date of publication of this preliminary determination.
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\16\ See Letter from GFL, ``Polytetrafluoroethylene (PTFE) Resin
from India: Gujarat Fluorochemicals Ltd.'s Request to Postpone Final
Determination,'' dated March 28, 2018.
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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 of sales at LTFV. 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 the subject merchandise 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 and 19 CFR 351.205(c).
Dated: April 30, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The product covered by this investigation is
polytetrafluoroethylene (PTFE) resin, including but not limited to
granular, dispersion, or coagulated dispersion (also
[[Page 20038]]
known as fine powder). PTFE is covered by the scope of this
investigation whether filled or unfilled, whether or not modified,
and whether or not containing co-polymer additives, pigments, or
other materials. Also included is PTFE wet raw polymer. The chemical
formula for PTFE is C2F4, and the Chemical Abstracts Service
Registry number is 9002-84-0.
PTFE further processed into micropowder, having particle size
typically ranging from 1 to 25 microns, and a melt-flow rate no less
than 0.1 gram/10 minutes, is excluded from the scope of this
investigation.
PTFE is classified in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings 3904.61.0010 and
3904.61.0090. Subject merchandise may also be classified under HTSUS
subheading 3904.69.5000. Although the HTSUS subheadings and CAS
Number are provided for convenience and Customs purposes, the
written description of the scope is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Product Characteristics
VI. Selection of Respondents
VII. Discussion of the Methodology
A. Application of Facts Available
B. Comparisons to Fair Value
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Comparison Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2018-09633 Filed 5-4-18; 8:45 am]
BILLING CODE 3510-DS-P
