Polytetrafluoroethylene Resin From India: Final Affirmative Countervailing Duty Determination, 23422-23424 [2018-10780]
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23422
Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices
subject merchandise entered, or
withdrawn from warehouse for
consumption on or after June 7, 2017
(i.e., 90 days prior to the date of the
publication of the Turkey Wire Rod
Preliminary Determination), but before
September 5, 2017 (i.e., the date of
publication of the Turkey Wire Rod
Preliminary Determination).
purposes, the written description of the
scope of these proceedings is dispositive.
Notifications to Interested Parties
[C–533–880]
This notice constitutes the
countervailing duty orders with respect
to wire rod from Italy and Turkey
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Polytetrafluoroethylene Resin From
India: Final Affirmative Countervailing
Duty Determination
Dated: May 16, 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
sradovich on DSK3GMQ082PROD with NOTICES
Scope of the Orders
The products covered by these orders are
certain hot-rolled products of carbon steel
and alloy steel, in coils, of approximately
round cross section, less than 19.00 mm in
actual solid cross-sectional diameter.
Specifically excluded are steel products
possessing the above-noted physical
characteristics and meeting the Harmonized
Tariff Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool
steel; (c) high-nickel steel; (d) ball bearing
steel; or (e) concrete reinforcing bars and
rods. Also excluded are free cutting steel
(also known as free machining steel)
products (i.e., products that contain by
weight one or more of the following
elements: 0.1 percent or more of lead, 0.05
percent or more of bismuth, 0.08 percent or
more of sulfur, more than 0.04 percent of
phosphorous, more than 0.05 percent of
selenium, or more than 0.01 percent of
tellurium). All products meeting the physical
description of subject merchandise that are
not specifically excluded are included in this
scope.
The products under these orders are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3093; 7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030,
and 7227.90.6035 of the HTSUS. Products
entered under subheadings 7213.99.0090 and
7227.90.6090 of the HTSUS also may be
included in this scope if they meet the
physical description of subject merchandise
above. Although the HTSUS subheadings are
provided for convenience and customs
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[FR Doc. 2018–10880 Filed 5–18–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
polytetrafluoroethylene resin (PTFE
resin) from India. The period of
investigation is April 1, 2016, through
March 31, 2017.
DATES: Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Toby Vandall, Emily Halle, or Aimee
Phelan, 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) 482–1664,
(202) 482–0176, or (202) 482–0697,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This final determination is made in
accordance with section 705 of the
Tariff Act of 1930, as amended (the Act).
Commerce published the Preliminary
Determination of this investigation on
March 8, 2018.1 For a complete
description of the events that followed
the publication of the Preliminary
Determination, see the Issues and
Decision Memorandum issued
concurrently with this notice.2 A list of
topics discussed in the Issues and
Decision Memorandum is included as
Appendix II 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
1 See Polytetrafluoroethylene Resin from India:
Preliminary Affirmative Countervailing Duty
Determination, 83 FR 9842 (March 8, 2018)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Final Determination in the Countervailing Duty
Investigation of Polytetrafluoroethylene Resin from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
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 Preliminary
Scope Decision Memorandum,3
Commerce provided parties an
opportunity to provide comments on all
issues regarding product coverage, (i.e.,
scope). Although certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice,4 we preliminarily
made no modifications to the scope of
the investigation.5 No parties
commented on our Preliminary Scope
Decision Memorandum. As a result, in
this final determination, we are
adopting the preliminary decision not to
modify the scope language.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, we
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.6
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs submitted by
the parties, are discussed in the Issues
and Decision Memorandum. A list of
the issues that parties raised, and to
which we responded in the Issues and
Decision Memorandum, is attached to
this notice at Appendix II.
3 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).
4 See Polytetrafluoroethylene Resin from India:
Initiation of Countervailing Duty Investigation, 82
FR 49592 (October 26, 2017) (Initiation Notice).
5 See Preliminary Scope Decision Memorandum.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices
In making these findings, we relied, in
part, on facts available and, because the
government of India did not act to the
best of its ability to respond to our
requests for information, we drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Issues and Decision
Memorandum.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
and minor corrections presented at
verification, we made certain changes to
the respondent’s sales figures and
subsidy rate calculations since the
Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum and
the Final Calculation Memorandum.8
All-Others Rate
Section 705(c)(5)(A) of the Act
provides that in the final determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely under section 776 of the
Act.
Commerce calculated an individual
estimated countervailable subsidy rate
for Gujarat Fluorochemicals Limited
(GFL),9 the only individually examined
exporter/producer in this investigation.
Because the only individually
calculated rate is not zero, de minimis,
or based entirely on facts otherwise
available, the countervailable subsidy
rate calculated for GFL is the rate
assigned to all-other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the
following countervailable subsidy rates
exist:
7 See
sections 776(a) and (b) of the Act.
Memorandum, ‘‘Final Determination
Calculations for Gujarat Fluorochemicals Limited,’’
dated concurrently with this notice (Final
Calculation Memorandum).
9 As discussed in the Preliminary Determination,
see Preliminary Decision Memorandum at 5–6,
Commerce found Inox Leasing and Finance Limited
to be cross-owned with GFL within the meaning of
19 CFR 351.525(b)(6)(iii). No parties commented on
this preliminary finding. Accordingly, our finding
of cross-ownership remains unchanged for this final
determination.
sradovich on DSK3GMQ082PROD with NOTICES
8 See
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18:20 May 18, 2018
Jkt 244001
instruction by Commerce,
countervailing duties on all imports of
the subject merchandise entered, or
withdrawn for warehouse, for
3.60 consumption on or after the effective
3.60
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Subsidy rate
(percent)
Company
Gujarat Fluorochemicals Limited (GFL) ..........................
All-Others ..............................
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this final
determination within five days of its
public announcement of our final
determination in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section 703(d) of
the Act, we will instruct U.S. Customs
and Border Protection (CBP) to continue
to suspend liquidation of all appropriate
entries of PTFE resin from India as
described in Appendix I to this notice,
that were entered, or withdrawn from
warehouse, for consumption, on or after
March 8, 2018, the date of publication
of the Preliminary Determination in the
Federal Register. Furthermore, we will
instruct CBP to require a cash deposit
for such entries of merchandise at the
rates shown above, pursuant to section
705(c)(1)(B)(ii) of the Act.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final affirmative countervailing duty
(CVD) determination. In addition, we
are making available to the ITC all nonprivileged and nonproprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Because the final determination in
this proceeding is affirmative, in
accordance with section 705(b) of the
Act, the ITC will make its final
determination regarding whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
PTFE resin from India no later than 45
days after our final determination. If the
ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue a CVD order
directing CBP to assess, upon further
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23423
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Notification Regarding Administrative
Protective Orders
In the event the ITC issues a final
negative injury determination, this
notice serves as the only reminder to
parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
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 subject to sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: May 14, 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
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 Issues and
Decision Memorandum
I. Summary
II. Background
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce is
Conducting this Investigation in
Accordance with its Obligations
Comment 2: Commerce’s Application of
AFA for the GOI’s Failure to Provide
Requested Information
Comment 3: Whether Commerce Should
Use GFL’s Corrections Presented at
Verification
Comment 4: Whether EPCGS Continues to
Confer a Countervailable Benefit
Comment 5: Whether the GOI Maintains a
Reasonable or Effective Input
Verification System for AAP
Comment 6: Whether GFL Has a Reliable
AAP Database
Comment 7: Whether Commerce’s Decision
to find SHIS Countervailable is in
Accordance with its Statutory
Obligations
Comment 8: Whether Commerce Should
Use GFL’s Minor Correction to the
Electricity Duty Exemption for Wind
Power
Comment 9: Whether GFL Received a
Countervailable Benefit from SGOG
Preferential Water Rates
Comment 10: Countervailability of
Renewable Energy Certificates
Comment 11: Whether a Tier-One
Benchmark is Appropriate for SGOG
Provision of Land for LTAR
Comment 12: Whether MEIS is Tied to
Non-Subject Merchandise
Comment 13: Whether GFL Received a
Benefit from Income Tax Exemption (80–
IA) and Section 32AC (32AC) of the
Income Tax Act
X. Conclusion
[FR Doc. 2018–10780 Filed 5–18–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–4793.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce
published the CVD order on softwood
lumber from Canada.1 Subsequently,
Commerce received requests for an
expedited review from 34 companies. In
accordance with 19 CFR 351.214(k),
Commerce initiated an expedited review
of the CVD order on softwood lumber
from Canada for those companies that
requested a review and published the
Initiation Notice on March 8, 2018.2
Between March 2 and May 7, 2018,
Commerce received letters from 25
companies withdrawing their requests
for an expedited review.3 For a listing of
the companies that withdrew their
expedited review requests, see
Attachment to this notice.
Partial Rescission of the Expedited
Review
Pursuant to 19 CFR 351.214(f)(1),
Commerce will rescind the expedited
review for any company that withdraws
its request for an expedited review
within 60 days after the date of
publication of the notice of initiation.
The Initiation Notice for this expedited
review was published on March 8,
2018.4 The withdrawals of review
requests were timely filed within the 60day deadline. Therefore, in accordance
with 19 CFR 351.214(f)(1), we are
rescinding the expedited review of the
CVD order on softwood lumber from
Canada with respect to the 25
companies listed in the Attachment.
The expedited review will continue
with respect to all other firms for which
a review was initiated.
[C–122–858]
Notification Regarding Administrative
Protective Order
Certain Softwood Lumber Products
From Canada: Partial Rescission of
Expedited Review of the
Countervailing Duty Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is partially rescinding the
expedited review of the countervailing
duty order (CVD) on certain softwood
lumber products (softwood lumber)
from Canada for the period January 1,
2015, through December 31, 2015.
DATES: Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
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AGENCY:
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18:20 May 18, 2018
Jkt 244001
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018).
2 See Certain Softwood Lumber Products from
Canada: Initiation of Expedited Review of the
Countervailing Duty Order, 83 FR 9833 (March 8,
2018) (Initiation Notice).
3 The withdrawal of expedited review request
letters are available via Enforcement and
Compliance’s Antidumping and Countervailing
Duty Centralized Electronic Service System
(ACCESS), which is available at https://
access.trade.gov.
4 See Initiation Notice.
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destruction of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
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.
This notice is issued and published in
accordance with 19 CFR 351.214(f)(3)
and 351.214(k)(3).
Dated: May 15, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
Attachment
Below is the list of companies that
withdrew their requests for an
expedited review of the countervailing
duty order on softwood lumber from
Canada.
(1) Olympic Industries, Inc.
(2) Hainesville Sawmill Ltd.
(3) Ivor Forest Products Ltd.
(4) Haida Forest Products Ltd.
(5) Maibec Inc.
(6) Canadian Bavarian Millwork and Lumber
(7) Cedarline Industries Ltd.
(8) Deep Cove Forest Products Inc.
(9) Aquila Cedar Products Ltd.
(10) Delco Forest Products Ltd.
(11) Devon Lumber Co. Ltd.
(12) H.J. Crabbe & Sons Ltd.
(13) Marwood Ltd.
(14) MP Atlantic Wood Ltd.
(15) 752615 B.C. Ltd., Fraserview
Remanufacturing Inc., Gillwood Lumber,
dba Fraserview Cedar Products
´
(16) Materiaux Blanchet Inc.
(17) Central Cedar Ltd.
(18) Leslie Forest Products Ltd.
(19) Rielly Lumber Inc.
(20) Antrim Cedar Corporation
(21) Chaleur Sawmills LP
(22) North Enderby Timber Ltd.
(23) Pacific Lumber Remanufacturing Inc.
(24) Power Wood Corp.
(25) Canyon Lumber Company Ltd.
[FR Doc. 2018–10779 Filed 5–18–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
Drawn Stainless Steel Sinks From the
People’s Republic of China: Final
Results of the Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\21MYN1.SGM
21MYN1
]]>Agencies
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23422-23424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10780]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-880]
Polytetrafluoroethylene Resin From India: Final Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of polytetrafluoroethylene resin (PTFE resin) from India. The period of
investigation is April 1, 2016, through March 31, 2017.
DATES: Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT: Toby Vandall, Emily Halle, or Aimee
Phelan, 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-
1664, (202) 482-0176, or (202) 482-0697, respectively.
SUPPLEMENTARY INFORMATION:
Background
This final determination is made in accordance with section 705 of
the Tariff Act of 1930, as amended (the Act). Commerce published the
Preliminary Determination of this investigation on March 8, 2018.\1\
For a complete description of the events that followed the publication
of the Preliminary Determination, see the Issues and Decision
Memorandum issued concurrently with this notice.\2\ A list of topics
discussed in the Issues and Decision Memorandum is included as Appendix
II 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, and is available to all parties in the Central
Records Unit, room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed and electronic versions of the Issues and Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\1\ See Polytetrafluoroethylene Resin from India: Preliminary
Affirmative Countervailing Duty Determination, 83 FR 9842 (March 8,
2018) (Preliminary Determination) and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Determination in the Countervailing Duty Investigation of
Polytetrafluoroethylene Resin from India,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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 Preliminary Scope Decision Memorandum,\3\
Commerce provided parties an opportunity to provide comments on all
issues regarding product coverage, (i.e., scope). Although certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice,\4\ we preliminarily made no
modifications to the scope of the investigation.\5\ No parties
commented on our Preliminary Scope Decision Memorandum. As a result, in
this final determination, we are adopting the preliminary decision not
to modify the scope language.
---------------------------------------------------------------------------
\3\ 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).
\4\ See Polytetrafluoroethylene Resin from India: Initiation of
Countervailing Duty Investigation, 82 FR 49592 (October 26, 2017)
(Initiation Notice).
\5\ See Preliminary Scope Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
we determine that there is a subsidy, i.e., a financial contribution by
an ``authority'' that gives rise to a benefit to the recipient, and
that the subsidy is specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs submitted by the parties, are discussed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached to this notice at Appendix II.
[[Page 23423]]
In making these findings, we relied, in part, on facts available
and, because the government of India did not act to the best of its
ability to respond to our requests for information, we drew an adverse
inference where appropriate in selecting from among the facts otherwise
available.\7\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, and minor corrections presented at verification, we made
certain changes to the respondent's sales figures and subsidy rate
calculations since the Preliminary Determination. For a discussion of
these changes, see the Issues and Decision Memorandum and the Final
Calculation Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Final Determination Calculations for
Gujarat Fluorochemicals Limited,'' dated concurrently with this
notice (Final Calculation Memorandum).
---------------------------------------------------------------------------
All-Others Rate
Section 705(c)(5)(A) of the Act provides that in the final
determination, Commerce shall determine an estimated all-others rate
for companies not individually examined. This rate shall be an amount
equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Commerce calculated an individual estimated countervailable subsidy
rate for Gujarat Fluorochemicals Limited (GFL),\9\ the only
individually examined exporter/producer in this investigation. Because
the only individually calculated rate is not zero, de minimis, or based
entirely on facts otherwise available, the countervailable subsidy rate
calculated for GFL is the rate assigned to all-other producers and
exporters, pursuant to section 705(c)(5)(A)(i) of the Act.
---------------------------------------------------------------------------
\9\ As discussed in the Preliminary Determination, see
Preliminary Decision Memorandum at 5-6, Commerce found Inox Leasing
and Finance Limited to be cross-owned with GFL within the meaning of
19 CFR 351.525(b)(6)(iii). No parties commented on this preliminary
finding. Accordingly, our finding of cross-ownership remains
unchanged for this final determination.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following countervailable subsidy
rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Gujarat Fluorochemicals Limited (GFL)................... 3.60
All-Others.............................................. 3.60
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of its public announcement of our final determination in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 703(d) of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of all appropriate entries of PTFE resin from India as described in
Appendix I to this notice, that were entered, or withdrawn from
warehouse, for consumption, on or after March 8, 2018, the date of
publication of the Preliminary Determination in the Federal Register.
Furthermore, we will instruct CBP to require a cash deposit for such
entries of merchandise at the rates shown above, pursuant to section
705(c)(1)(B)(ii) of the Act.
U.S. International Trade Commission (ITC) Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative countervailing duty (CVD) determination.
In addition, we are making available to the ITC all non-privileged and
nonproprietary information related to this investigation. We will allow
the ITC access to all privileged and business proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under an administrative protective
order (APO), without the written consent of the Assistant Secretary for
Enforcement and Compliance.
Because the final determination in this proceeding is affirmative,
in accordance with section 705(b) of the Act, the ITC will make its
final determination regarding whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of PTFE resin from India no later than 45
days after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue a CVD order
directing CBP to assess, upon further instruction by Commerce,
countervailing duties on all imports of the subject merchandise
entered, or withdrawn for warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed above in
the ``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
In the event the ITC issues a final negative injury determination,
this notice serves as the only reminder to parties subject to an APO of
their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or 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 subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: May 14, 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 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 Issues and Decision Memorandum
I. Summary
II. Background
[[Page 23424]]
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce is Conducting this Investigation in
Accordance with its Obligations
Comment 2: Commerce's Application of AFA for the GOI's Failure
to Provide Requested Information
Comment 3: Whether Commerce Should Use GFL's Corrections
Presented at Verification
Comment 4: Whether EPCGS Continues to Confer a Countervailable
Benefit
Comment 5: Whether the GOI Maintains a Reasonable or Effective
Input Verification System for AAP
Comment 6: Whether GFL Has a Reliable AAP Database
Comment 7: Whether Commerce's Decision to find SHIS
Countervailable is in Accordance with its Statutory Obligations
Comment 8: Whether Commerce Should Use GFL's Minor Correction to
the Electricity Duty Exemption for Wind Power
Comment 9: Whether GFL Received a Countervailable Benefit from
SGOG Preferential Water Rates
Comment 10: Countervailability of Renewable Energy Certificates
Comment 11: Whether a Tier-One Benchmark is Appropriate for SGOG
Provision of Land for LTAR
Comment 12: Whether MEIS is Tied to Non-Subject Merchandise
Comment 13: Whether GFL Received a Benefit from Income Tax
Exemption (80-IA) and Section 32AC (32AC) of the Income Tax Act
X. Conclusion
[FR Doc. 2018-10780 Filed 5-18-18; 8:45 am]
BILLING CODE 3510-DS-P
