Polytetrafluoroethylene Resin From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 48590-48592 [2018-20846]
Download as PDF
<![CDATA[
48590
Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices
customs purposes; however, the written
description of the scope is dispositive.5
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, specifically
the likelihood of continuation or
recurrence of dumping and the
magnitude of the margin likely to
prevail if the Order were to be revoked,
is provided in the accompanying Issues
and Decision Memorandum, which is
hereby adopted by this notice.6 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 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 at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, we
determine that revocation of the Order
would likely lead to continuation or
recurrence of dumping, and that the
magnitude of the dumping margins
likely to prevail would be weightedaverage dumping margins up to 154.07
percent.7
daltland on DSKBBV9HB2PROD with NOTICES
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
5 For the complete scope language, see ‘‘Issues
and Decision Memorandum for the Expedited First
Sunset Review of the Antidumping Duty Order on
Xanthan Gum from the People’s Republic of
China,’’ (Issues and Decision Memorandum), dated
concurrently with and hereby adopted by this
notice.
6 See Issues and Decision Memorandum.
7 See Xanthan Gum from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 78 FR 33351 (June 4, 2013) (Final
Determination), unchanged in Xanthan Gum from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 78 FR 43143 (July 19,
2013) (Order).
VerDate Sep<11>2014
19:21 Sep 25, 2018
Jkt 244001
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
Dated: September 19, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2018–20844 Filed 9–25–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–066]
Polytetrafluoroethylene Resin From
the People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
polytetrafluoroethylene (PTFE) resin
from the People’s Republic of China
(China) are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The final dumping
margins of sales at LTFV are listed in
the ‘‘Final Determination’’ section of
this notice.
DATES: Applicable September 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Michael Romani,
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) 482–0410
and (202) 482–0198, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Determination in the LTFV investigation
of PTFE resin from China on May 7,
2018.1 For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2
1 See Polytetrafluoroethylene Resin from the
People’s Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 83 FR 20039
(May 7, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See the Memorandum, ‘‘Polytetrafluoroethylene
Resin from the People’s Republic of China: Issues
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Period of Investigation
The period of investigation is January
1, 2017, through June 30, 2017.
Scope of the Investigation
The product covered by this
investigation is PTFE resin from China.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of issues raised is
attached to this notice at Appendix II.
The Issues and Decision Memorandum
is a public document and is made
available to the public 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 Commerce’s 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 on the internet at
https://enforcement.trade.gov/frn/.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
we verified the U.S. sales and factors of
production information submitted by
Daikin Fluorochemicals (China) Co.,
Ltd. (Daikin), and Shandong Dongyue
Polymer Material Co., Ltd. (Dongyue) in
May 2018 and June 2018.3 We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
Daikin and Dongyue.
and Decision Memorandum for the Final
Affirmative Determination of Sales at Less Than
Fair Value,’’ dated concurrently with and hereby
adopted by this notice (Issues and Decision
Memorandum).
3 See the Reports, ‘‘Verification of the
Questionnaire Responses of Daikin Fluorochemicals
(China) Co., Ltd. in the Antidumping Investigation
of Polytetrafluoroethylene Resin from the People’s
Republic of China’’ dated June 4, 2018 (Daikin CEP
Verification Report), ‘‘Verification of the
Questionnaire Responses of Daikin Fluorochemicals
(China) Co., Ltd. in the Antidumping Investigation
of Polytetrafluoroethylene Resin from the People’s
Republic of China’’ dated July 10, 2018 (Daikin FOP
Verification Report), and ‘‘Verification of the
Questionnaire Responses of Shandong Dongyue
Polymer Material Co., Ltd. in the Antidumping
Investigation of Polytetrafluorethylene Resin from
the People’s Republic of China’’ dated July 13, 2018
(Dongyue Verification Report).
E:\FR\FM\26SEN1.SGM
26SEN1
Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices
China-Wide Entity and Use of Adverse
Facts Available
facts available, pursuant to section
776(b) of the Act and 19 CFR 351.308(c).
We continue to find that the use of
facts available is warranted in
determining the rate of the China-wide
entity pursuant to section 776(a)(1) and
(a)(2)(A)–(C) of the Act.4 Further, we
found that the China-wide entity did not
cooperate to the best of its ability to
comply with our requests for
information and, accordingly, we
determined it appropriate to apply
adverse inferences in selecting from the
Changes From the Preliminary
Determination
Combination Rates
Consistent with Preliminary
Determination 6 and Policy Bulletin
05.1,7 Commerce calculated
combination rates for the respondents
that are eligible for a separate rate in
this investigation.
Final Determination
Commerce determines that the
following weighted-average dumping
margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Daikin Fluorochemicals (China) Co., Ltd ...................................
Shandong Dongyue Polymer Material Co., Ltd .........................
Hangzhou Fine Fluorotech Co., Ltd ...........................................
Hangzhou Fine Fluorotech Co., Ltd ...........................................
Shanghai Huayi 3f New Materials Sales Co., Ltd ......................
China-Wide Entity .......................................................................
Daikin Fluorochemicals (China) Co., Ltd ...................................
Shandong Dongyue Polymer Material Co., Ltd .........................
Qingdao Orientalflon New Materials Co., Ltd ............................
Zhejiang Juhua Co., Ltd. Fluor-Polymeric Plant ........................
Shanghai 3f New Materials Co., Ltd ..........................................
.....................................................................................................
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the final
determination or, if there is no public
announcement, within five days of the
date of publication of the notice of final
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
daltland on DSKBBV9HB2PROD with NOTICES
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
our dumping margin calculation for
Daikin and Dongyue and revised the
margins for non-selected respondents
and the China-wide entity to reflect the
revised margins for Daikin and
Dongyue.5
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of PTFE resin
from China, as described in Appendix I
of this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after May 7, 2018,
the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit 8 equal to the
weighted-average amount by which the
normal value exceeds U.S. price as
follows: (1) The cash deposit rate for the
exporter/producer combinations listed
4 See Preliminary Determination and
accompanying Preliminary Decision Memorandum
at 14–17.
5 See Issues and Decision Memorandum for a
discussion of these changes.
6 See Preliminary Determinations, 83 FR at
20039–40.
VerDate Sep<11>2014
19:21 Sep 25, 2018
Jkt 244001
in the table above will be the rate
identified in the table; (2) for all
combinations of Chinese exporters/
producers of merchandise under
consideration that have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
established for the China-wide entity;
and (3) for all non-Chinese exporters of
merchandise under consideration which
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate applicable to the
Chinese exporter/producer combination
that supplied that non-Chinese exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
affirmative determination of sales at
LTFV. Because the final determination
in this proceeding is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
7 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
48591
91.65
54.41
77.13
77.13
77.13
218.88
subject merchandise from China no later
than 45 days after our final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, Commerce will
issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding Administrative
Protective Order
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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 sanctionable violation.
8 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
E:\FR\FM\26SEN1.SGM
26SEN1
48592
Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: September 19, 2018.
Christian Marsh,
Deputy 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 resin is
covered by the scope of this investigation
whether filled or unfilled, whether or not
modified, and whether or not containing copolymer additives, pigments, or other
materials. Also included is PTFE resin wet
raw polymer. The chemical formula for PTFE
resin is C2F4, and the Chemical Abstracts
Service (CAS) Registry number is 9002–84–
0.
PTFE resin further processed into
micropowder, having particle size typically
ranging from 1 to 25 microns, and a meltflow rate no less than 0.1 gram/10 minutes,
is excluded from the scope of this
investigation.
PTFE resin 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
III. Scope Comments
IV. Surrogate Country
V. Separate Rates
VI. China-Wide Rate
VII. Changes Since the Preliminary
Determination
VIII. Discussion of the Issues
a. Daikin Fluorochemicals (China) Co., Ltd.
1. Unreported U.S. Sales
2. Ocean Freight Expenses
3. Factor of Production of a Certain Input
4. Surrogate Value for R–22
5. Surrogate Financial Ratios
b. Separate Rate Eligibility
IX. Recommendation
[FR Doc. 2018–20846 Filed 9–25–18; 8:45 am]
daltland on DSKBBV9HB2PROD with NOTICES
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
19:21 Sep 25, 2018
Jkt 244001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–845]
Certain Hot-Rolled Steel Flat Products
From Brazil: Final Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain hotrolled carbon steel flat products from
Brazil are being, or are likely to be, sold
at less than normal value during the
period of review (POR), March 22, 2016,
through September 30, 2017.
DATES: Applicable September 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Jessica Pomper or Peter Zukowski, 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) 482–9122 or (202) 482–0189,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The review covers six producers and/
or exporters of the subject merchandise.
Commerce selected one mandatory
respondent, Companhia Siderurgica
Nacional (CSN), for individual
examination. The producers/exporters
that were not selected for individual
examination are listed in the ‘‘Final
Results of the Review’’ section of this
notice.
On July 13, 2018, Commerce
published the Preliminary Results.1
Although we invited parties to comment
on the preliminary results of the review,
no interested party submitted
comments. Accordingly, we are
adopting unchanged the Preliminary
Results for these final results and no
decision memorandum accompanies
this Federal Register notice. Commerce
conducted this administrative review in
1 See
Certain Hot-Rolled Steel Flat Products from
Brazil: Preliminary Results of the Antidumping
Duty Administrative Review; 2016–2017, 83 FR
32632 (July 13, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this order
are certain hot-rolled steel flat products
from Brazil. For a complete description
of the scope of this order, please refer
to the Appendix to this notice.
Methodology
In the Preliminary Results, Commerce
relied upon facts otherwise available
with adverse inferences (AFA) to
determine an antidumping margin for
CSN because this mandatory respondent
did not respond to Commerce’s
antidumping duty questionnaire.
Because no parties commented on the
Preliminary Results, we are adopting in
these final results of review the
decisions outlined in the Preliminary
Results. In accordance with the U.S.
Court of Appeals for the Federal
Circuit’s decision in Albemarle Corp. v.
United States,2 we are applying to the
non-selected respondents the adjusted
dumping margin we are applying to
CSN in this administrative review.3 This
is the only margin determined in this
review for an individual respondent,
and thus, it is applicable to the nonselected respondents under section
735(c)(5)(B) of the Act.
Adverse Facts Available
Pursuant to section 776(a) and (b) of
the Act, Commerce relied upon AFA to
determine an antidumping margin for
CSN because this respondent did not
respond to Commerce’s antidumping
duty questionnaire. For a complete
explanation of the analysis underlying
the application of AFA, see Preliminary
Results.
Final Results of the Review
As a result of this review, we are
assigning a dumping margin to the
respondents for the period March 22,
2016, through September 30, 2017, as
follows:
2 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
3 See, e.g., Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2015–
2016, 83 FR 17527 (April 20, 2018).
E:\FR\FM\26SEN1.SGM
26SEN1
]]>Agencies
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48590-48592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20846]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-066]
Polytetrafluoroethylene Resin From the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of polytetrafluoroethylene (PTFE) resin from the People's Republic of
China (China) are being, or are likely to be, sold in the United States
at less than fair value (LTFV). The final dumping margins of sales at
LTFV are listed in the ``Final Determination'' section of this notice.
DATES: Applicable September 26, 2018.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Michael Romani, 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) 482-0410 and (202)
482-0198, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination in the LTFV
investigation of PTFE resin from China on May 7, 2018.\1\ For a
complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Polytetrafluoroethylene Resin from the People's Republic
of China: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 83 FR 20039 (May 7, 2018) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
\2\ See the Memorandum, ``Polytetrafluoroethylene Resin from the
People's Republic of China: Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value,''
dated concurrently with and hereby adopted by this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2017, through June 30,
2017.
Scope of the Investigation
The product covered by this investigation is PTFE resin from China.
For a full description of the scope of this investigation, see the
``Scope of the Investigation'' in Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of issues raised is attached to this
notice at Appendix II. The Issues and Decision Memorandum is a public
document and is made available to the public 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 Commerce's 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 on the internet at https://enforcement.trade.gov/frn/.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), we verified the U.S. sales and factors of production
information submitted by Daikin Fluorochemicals (China) Co., Ltd.
(Daikin), and Shandong Dongyue Polymer Material Co., Ltd. (Dongyue) in
May 2018 and June 2018.\3\ We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by Daikin and Dongyue.
---------------------------------------------------------------------------
\3\ See the Reports, ``Verification of the Questionnaire
Responses of Daikin Fluorochemicals (China) Co., Ltd. in the
Antidumping Investigation of Polytetrafluoroethylene Resin from the
People's Republic of China'' dated June 4, 2018 (Daikin CEP
Verification Report), ``Verification of the Questionnaire Responses
of Daikin Fluorochemicals (China) Co., Ltd. in the Antidumping
Investigation of Polytetrafluoroethylene Resin from the People's
Republic of China'' dated July 10, 2018 (Daikin FOP Verification
Report), and ``Verification of the Questionnaire Responses of
Shandong Dongyue Polymer Material Co., Ltd. in the Antidumping
Investigation of Polytetrafluorethylene Resin from the People's
Republic of China'' dated July 13, 2018 (Dongyue Verification
Report).
---------------------------------------------------------------------------
[[Page 48591]]
China-Wide Entity and Use of Adverse Facts Available
We continue to find that the use of facts available is warranted in
determining the rate of the China-wide entity pursuant to section
776(a)(1) and (a)(2)(A)-(C) of the Act.\4\ Further, we found that the
China-wide entity did not cooperate to the best of its ability to
comply with our requests for information and, accordingly, we
determined it appropriate to apply adverse inferences in selecting from
the facts available, pursuant to section 776(b) of the Act and 19 CFR
351.308(c).
---------------------------------------------------------------------------
\4\ See Preliminary Determination and accompanying Preliminary
Decision Memorandum at 14-17.
---------------------------------------------------------------------------
Changes From the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to our dumping margin calculation
for Daikin and Dongyue and revised the margins for non-selected
respondents and the China-wide entity to reflect the revised margins
for Daikin and Dongyue.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum for a discussion of these
changes.
---------------------------------------------------------------------------
Combination Rates
Consistent with Preliminary Determination \6\ and Policy Bulletin
05.1,\7\ Commerce calculated combination rates for the respondents that
are eligible for a separate rate in this investigation.
---------------------------------------------------------------------------
\6\ See Preliminary Determinations, 83 FR at 20039-40.
\7\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following weighted-average dumping
margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Daikin Fluorochemicals (China) Daikin 91.65
Co., Ltd. Fluorochemicals
(China) Co., Ltd.
Shandong Dongyue Polymer Material Shandong Dongyue 54.41
Co., Ltd. Polymer Material
Co., Ltd.
Hangzhou Fine Fluorotech Co., Ltd. Qingdao Orientalflon 77.13
New Materials Co.,
Ltd.
Hangzhou Fine Fluorotech Co., Ltd. Zhejiang Juhua Co., 77.13
Ltd. Fluor-
Polymeric Plant.
Shanghai Huayi 3f New Materials Shanghai 3f New 77.13
Sales Co., Ltd. Materials Co., Ltd.
China-Wide Entity................. .................... 218.88
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the final
determination or, if there is no public announcement, within five days
of the date of publication of the notice of final determination in the
Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of PTFE resin from China, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after May 7, 2018, the
date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit \8\ equal to the weighted-average amount by which the
normal value exceeds U.S. price as follows: (1) The cash deposit rate
for the exporter/producer combinations listed in the table above will
be the rate identified in the table; (2) for all combinations of
Chinese exporters/producers of merchandise under consideration that
have not received their own separate rate above, the cash-deposit rate
will be the cash deposit rate established for the China-wide entity;
and (3) for all non-Chinese exporters of merchandise under
consideration which have not received their own separate rate above,
the cash-deposit rate will be the cash deposit rate applicable to the
Chinese exporter/producer combination that supplied that non-Chinese
exporter. These suspension of liquidation instructions will remain in
effect until further notice.
---------------------------------------------------------------------------
\8\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of subject
merchandise from China no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Order
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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 sanctionable violation.
[[Page 48592]]
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: September 19, 2018.
Christian Marsh,
Deputy 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 resin 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 resin wet raw polymer. The chemical formula
for PTFE resin is C2F4, and the Chemical Abstracts Service (CAS)
Registry number is 9002-84-0.
PTFE resin 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 resin 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
III. Scope Comments
IV. Surrogate Country
V. Separate Rates
VI. China-Wide Rate
VII. Changes Since the Preliminary Determination
VIII. Discussion of the Issues
a. Daikin Fluorochemicals (China) Co., Ltd.
1. Unreported U.S. Sales
2. Ocean Freight Expenses
3. Factor of Production of a Certain Input
4. Surrogate Value for R-22
5. Surrogate Financial Ratios
b. Separate Rate Eligibility
IX. Recommendation
[FR Doc. 2018-20846 Filed 9-25-18; 8:45 am]
BILLING CODE 3510-DS-P
