Polytetrafluoroethylene Resin From India: Final Affirmative Determination of Sales at Less Than Fair Value, 48594-48596 [2018-20847]
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48594
Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices
(3) none of the elements listed below exceeds
the quantity, by weight, respectively
indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.00 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium, or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
Unless specifically excluded, products are
included in this scope regardless of levels of
boron and titanium.
For example, specifically included in this
scope are vacuum degassed, fully stabilized
(commonly referred to as interstitial-free (IF))
steels, high strength low alloy (HSLA) steels,
the substrate for motor lamination steels,
Advanced High Strength Steels (AHSS), and
Ultra High Strength Steels (UHSS). IF steels
are recognized as low carbon steels with
micro-alloying levels of elements such as
titanium and/or niobium added to stabilize
carbon and nitrogen elements. HSLA steels
are recognized as steels with micro-alloying
levels of elements such as chromium, copper,
niobium, titanium, vanadium, and
molybdenum. The substrate for motor
lamination steels contains micro-alloying
levels of elements such as silicon and
aluminum. AHSS and UHSS are considered
high tensile strength and high elongation
steels, although AHSS and UHSS are covered
whether or not they are high tensile strength
or high elongation steels.
Subject merchandise includes hot-rolled
steel that has been further processed in a
third country, including but not limited to
pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise remove
the merchandise from the scope of the order
if performed in the country of manufacture
of the hot-rolled steel.
All products that meet the written physical
description, and in which the chemistry
quantities do not exceed any one of the noted
element levels listed above, are within the
scope of this order unless specifically
excluded. The following products are outside
of and/or specifically excluded from the
scope of this order:
• Universal mill plates (i.e., hot-rolled,
flat-rolled products not in coils that have
been rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but not
exceeding 1250 mm, of a thickness not less
than 4.0 mm, and without patterns in relief);
• Products that have been cold-rolled
(cold-reduced) after hot-rolling; 7
7 For purposes of this scope exclusion, rolling
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the
hot-rolling process for purposes of surface finish,
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
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Jkt 244001
• Ball bearing steels; 8
• Tool steels; 9 and
• Silico-manganese steels.10
The products subject to this order are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
item numbers: 7208.10.1500, 7208.10.3000,
7208.10.6000, 7208.25.3000, 7208.25.6000,
7208.26.0030, 7208.26.0060, 7208.27.0030,
7208.27.0060, 7208.36.0030, 7208.36.0060,
7208.37.0030, 7208.37.0060, 7208.38.0015,
7208.38.0030, 7208.38.0090, 7208.39.0015,
7208.39.0030, 7208.39.0090, 7208.40.6030,
7208.40.6060, 7208.53.0000, 7208.54.0000,
7208.90.0000, 7210.70.3000, 7211.14.0030,
7211.14.0090, 7211.19.1500, 7211.19.2000,
7211.19.3000, 7211.19.4500, 7211.19.6000,
7211.19.7530, 7211.19.7560, 7211.19.7590,
7225.11.0000, 7225.19.0000, 7225.30.3050,
7225.30.7000, 7225.40.7000, 7225.99.0090,
7226.11.1000, 7226.11.9030, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.91.5000,
7226.91.7000, and 7226.91.8000. The
products subject to the order may also enter
under the following HTSUS numbers:
7210.90.9000, 7211.90.0000, 7212.40.1000,
7212.40.5000, 7212.50.0000, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7214.99.0060,
7214.99.0075, 7214.99.0090, 7215.90.5000,
7226.99.0180, and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope of the order is dispositive.
[FR Doc. 2018–20845 Filed 9–25–18; 8:45 am]
BILLING CODE 3510–DS–P
8 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
9 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
10 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–879]
Polytetrafluoroethylene Resin From
India: 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 India is being, or is 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:
Nicholas Czajkowski, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Determination in the LTFV investigation
of PTFE resin from India on May 7,
2018.1 For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2
Period of Investigation
The period of investigation is July 1,
2016, through June 30, 2017.
Scope of the Investigation
The product covered by this
investigation is PTFE resin from India.
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
1 See Polytetrafluoroethylene Resin from India:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 83 FR 20035 (May 7, 2018) and
accompanying Preliminary Decision Memorandum
(Preliminary Decision Memorandum) (collectively,
Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less than Fair Value
Investigation of Polytetrafluoroethylene Resin from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\26SEN1.SGM
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Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices
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
Act, in May and June 2018, we
conducted verification of the
information reported by the mandatory
respondent Gujarat Fluorochemicals
Ltd. (GFL) for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records and original source
documents provided by the
respondents.
daltland on DSKBBV9HB2PROD with NOTICES
Changes Since the Preliminary
Determination and Use of Adverse
Facts Available
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for GFL,
including the application of facts
available with an adverse inference
pursuant to section 776(b) of the Act.3
For a discussion of these changes, see
the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that in the final determination
Commerce shall determine an estimated
weighted-average dumping margin for
all exporters or producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters or producers individually
examined, excluding any rates that are
zero, de minimis, or determined entirely
under section 776 of the Act. In this
investigation, we determined a
calculated rate for GFL, the one
3 See the ‘‘Discussion of the Issues’’ section of the
Issues and Decision Memorandum; see also
Memorandum, ‘‘Final Determination Analysis
Memorandum for Gujarat Fluorochemicals Ltd.,’’
(GFL Final Analysis Memorandum) dated
concurrently with this notice.
VerDate Sep<11>2014
19:21 Sep 25, 2018
Jkt 244001
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.
48595
equal to the all-others rate. 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, Commerce will notify the
International Trade Commission (ITC) of
Final Determination
its final determination. Because the final
determination in this proceeding is
Commerce determines that the
affirmative, in accordance with section
following weighted-average dumping
735(b)(2)(B) of the Act, the ITC will
margins exist:
make its final determination as to
Estimated
whether the domestic industry in the
weightedUnited States is materially injured, or
average
Exporter or producer
threatened with material injury, by
dumping
reason of imports of PTFE resin from
margin
(percent)
India no later than 45 days after
Commerce’s final determination. If the
Gujarat Fluorochemicals
ITC determines that material injury or
4
Ltd. ...................................
22.78
threat of material injury does not exist,
All-Others ..............................
22.78
the proceeding will be terminated, and
all securities posted will be refunded or
canceled. If the ITC determines that
Disclosure
such injury does exist, Commerce will
Weintend to disclose the calculations issue an antidumping duty order
performed to parties in this proceeding
directing CBP to assess, upon further
within five days after public
instruction by Commerce, antidumping
announcement of the final
duties on appropriate imports of the
determination or, if there is no public
subject merchandise entered, or
announcement, within five days of the
withdrawn from warehouse, for
date of publication of the notice of final consumption on or after the effective
determination in the Federal Register,
date of the suspension of liquidation.
in accordance with 19 CFR 351.224(b).
Notification Regarding Administrative
Continuation of Suspension of
Protective Order
Liquidation
This notice will serve as a reminder
In accordance with section
to the parties subject to administrative
735(c)(1)(B) of the Act, Commerce will
protective order (APO) of their
instruct U.S. Customs and Border
responsibility concerning the
Protection (CBP) to continue to suspend disposition of proprietary information
liquidation of all appropriate entries of
disclosed under APO in accordance
PTFE resin from India as described in
with 19 CFR 351.305(a)(3). Timely
Appendix I of this notice, which were
written notification of return or
entered, or withdrawn from warehouse, destruction of APO materials or
for consumption on or after May 7,
conversion to judicial protective order is
2018, the date of publication of the
hereby requested. Failure to comply
Preliminary Determination of this
with the regulations and terms of an
investigation in the Federal Register.
APO is a sanctionable violation.
Pursuant to section 735(c)(1)(B) of the
This determination is issued and
Act and 19 CFR 351.210(d), Commerce
published in accordance with sections
will instruct CBP to require a cash
735(d) and 777(i)(1) of the Act and 19
deposit as follows: (1) The cash deposit
CFR 351.210(c).
rate for the respondent listed above
Dated: September 19, 2018.
under the Final Determination section
Christian Marsh,
will be equal to its estimated weightedDeputy Assistant Secretary for Enforcement
average dumping margin; (2) if the
and Compliance.
exporter is not a respondent identified
above, but the producer is, then the cash Appendix I
deposit rate will be equal to the
respondent-specific estimated weighted- Scope of the Investigation
The product covered by this investigation
average dumping margin established for
is polytetrafluoroethylene (PTFE) resin,
that producer of the subject
including but not limited to granular,
merchandise; (3) for all other producers dispersion, or coagulated dispersion (also
or exporters of PTFE resin to the United known as fine powder). PTFE is covered by
States, the cash deposit rate will be
the scope of this investigation whether filled
4 See
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GFL Final Analysis Memorandum.
Frm 00011
Fmt 4703
Sfmt 4703
or unfilled, whether or not modified, and
whether or not containing co-polymer
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26SEN1
48596
Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices
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
III. Scope Comments
IV. Changes Since the Preliminary
Determination
V. Use of Adverse Facts Available
VI. Discussion of the Issues
Comment 1: U.S. Sales of Waste and Fines
Comment 2: U.S. Warehousing Expenses
Comment 3: CEP Offset
Comment 4: Sales and Costs Minor
Corrections
Comment 5: Cost Adjustments
Comment 6: Low-Pressure Steam
Comment 7: Power
Comment 8: Hydrogen Gas
Comment 9: Chlorine
Comment 10: Calcium Chloride
Comment 11: Exclusion of Packing Costs
and Byproduct Revenues from the COGS
Denominator
Comment 12: Loss on Sale of Raw Material
Comment 13: Certain Corrections to GFL’s
Further Manufacturing Costs Based on
Verification Findings
Comment 14: Certain Corrections to
Commerce’s Cost Verification Report
VII. Recommendation
[FR Doc. 2018–20847 Filed 9–25–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
daltland on DSKBBV9HB2PROD with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
VerDate Sep<11>2014
19:21 Sep 25, 2018
Jkt 244001
Title: Limits of Acceptable Change
Study surveys in the Northeast Reserves
and Culebra Island, Puerto Rico.
OMB Control Number: 0648–xxxx.
Form Number(s): None.
Type of Request: Regular (request for
a new information collection).
Number of Respondents: 4,273.
Average Hours per Response:
Commercial fishers and water operators,
30 minutes; recreational boaters and
visitors, 10 minutes.
Burden Hours: 777.
Needs and Uses: The Coral Reef
Conservation Program (CRCP),
developed under the authority of the
Coral Reef Conservation Act of 2000, is
responsible for programs intended to
enhance the conservation of coral reefs.
We intend to use the information
collected through this instrument for
conducting a characterization project
utilizing a limits of acceptable change
(LAC) framework that encompasses the
Puerto Rico Northeast Marine Corridor
(NMC) as a continuous management
area, addressing the following subjects
across the area and within individual
natural reserves to create the
information base required to promote
effective management: Biophysical
conditions, social conditions,
stakeholder identification, stakeholder
uses and use patterns, stakeholder
knowledge, attitudes, and beliefs, and
stakeholder and resource use conflicts.
The study will build on past work
conducted with stakeholders on natural
resources and social indicators in the
region, developing a social conditions
baseline. Social conditions will be
characterized via a series of stakeholder
participation protocols, which will
result in stakeholder identification, use
and use patterns, knowledge, attitudes,
and belief, and use conflicts. It will
engage the four, main NMC
stakeholders: Commercial fishers;
commercial water operators;
recreational boaters, and visitors. All
commercial fishers and commercial
water operators in the region will be
surveyed with an in-person
questionnaire. Recreational boaters will
be reached by sending out an internet/
email survey questionnaire sent to all
vessel registrants. Visitors in the NMC
will be surveyed using an intercept
survey administered twice a month at a
ferry location and via self-administered
surveys disseminated by commercial
water operators. It is expected that these
multi-pronged approaches will provide
the information necessary to complete a
stakeholder characterization for the
NMC that can be applied to evaluate
LAC conditions and trends.
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Sfmt 4703
Affected Public: Business or other for
profit organizations; individuals or
households.
Frequency: One time.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Dated: September 20, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2018–20851 Filed 9–25–18; 8:45 am]
BILLING CODE 3510–JS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG478
Endangered and Threatened Species;
Take of Abalone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Application for one
enhancement permit.
AGENCY:
Notice is hereby given that
NMFS has received a permit application
request for one new enhancement
permit. The proposed work is intended
to increase knowledge of species listed
under the Endangered Species Act
(ESA) and to help guide management,
conservation, and recovery efforts. The
application may be viewed online at:
https://apps.nmfs.noaa.gov/preview/
preview_open_for_comment.cfm.
DATES: Comments or requests for a
public hearing on the application must
be received at the appropriate address or
fax number (see ADDRESSES) no later
than 5 p.m. Pacific standard time on
October 26, 2018.
ADDRESSES: Written comments on the
application should be submitted to the
Protected Resources Division, NMFS,
501 West Ocean Boulevard, Suite 4200,
Long Beach, CA 90802. Comments may
also be submitted via fax to 562–980–
4027 or by email to nmfs.swr.apps@
noaa.gov (include the permit number in
the subject line of the fax or email).
FOR FURTHER INFORMATION CONTACT:
Susan Wang, Long Beach, CA (ph.: 562–
980–4199, Fax: 562–980–4027, email:
SUMMARY:
E:\FR\FM\26SEN1.SGM
26SEN1
]]>Agencies
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48594-48596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20847]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-879]
Polytetrafluoroethylene Resin From India: 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 India is being, or is
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: Nicholas Czajkowski, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination in the LTFV
investigation of PTFE resin from India 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 India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 83 FR 20035 (May 7, 2018) and accompanying Preliminary
Decision Memorandum (Preliminary Decision Memorandum) (collectively,
Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less than Fair Value
Investigation of Polytetrafluoroethylene Resin from India,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is July 1, 2016, through June 30, 2017.
Scope of the Investigation
The product covered by this investigation is PTFE resin from India.
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
[[Page 48595]]
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 Act, in May and June 2018, we
conducted verification of the information reported by the mandatory
respondent Gujarat Fluorochemicals Ltd. (GFL) for use in our final
determination. We used standard verification procedures, including an
examination of relevant accounting and production records and original
source documents provided by the respondents.
Changes Since the Preliminary Determination and Use of Adverse Facts
Available
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
GFL, including the application of facts available with an adverse
inference pursuant to section 776(b) of the Act.\3\ For a discussion of
these changes, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\3\ See the ``Discussion of the Issues'' section of the Issues
and Decision Memorandum; see also Memorandum, ``Final Determination
Analysis Memorandum for Gujarat Fluorochemicals Ltd.,'' (GFL Final
Analysis Memorandum) dated concurrently with this notice.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that in the final
determination Commerce shall determine an estimated weighted-average
dumping margin for all exporters or 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 or producers individually examined, excluding any rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. In this investigation, we determined a calculated rate for GFL,
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.
Final Determination
Commerce determines that the following weighted-average dumping
margins exist:
------------------------------------------------------------------------
Estimated
weighted-
Exporter or producer average
dumping margin
(percent)
------------------------------------------------------------------------
Gujarat Fluorochemicals Ltd.\4\......................... 22.78
All-Others.............................................. 22.78
------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\4\ See GFL Final Analysis Memorandum.
---------------------------------------------------------------------------
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 appropriate entries of PTFE resin from India
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) of the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require a cash deposit as follows: (1)
The cash deposit rate for the respondent listed above under the Final
Determination section will be equal to its estimated weighted-average
dumping margin; (2) if the exporter is not a respondent identified
above, but the producer is, then the cash deposit rate will be equal to
the respondent-specific estimated weighted-average dumping margin
established for that producer of the subject merchandise; (3) for all
other producers or exporters of PTFE resin to the United States, the
cash deposit rate will be equal to the all-others rate. 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, Commerce will notify
the International Trade Commission (ITC) of its final determination.
Because the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2)(B) 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 PTFE resin from India no later than 45 days after
Commerce's final determination. If the ITC determines that material
injury or threat of material injury does not exist, the 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 appropriate 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.
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 is covered by the scope of this investigation whether
filled or unfilled, whether or not modified, and whether or not
containing co-polymer
[[Page 48596]]
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
III. Scope Comments
IV. Changes Since the Preliminary Determination
V. Use of Adverse Facts Available
VI. Discussion of the Issues
Comment 1: U.S. Sales of Waste and Fines
Comment 2: U.S. Warehousing Expenses
Comment 3: CEP Offset
Comment 4: Sales and Costs Minor Corrections
Comment 5: Cost Adjustments
Comment 6: Low-Pressure Steam
Comment 7: Power
Comment 8: Hydrogen Gas
Comment 9: Chlorine
Comment 10: Calcium Chloride
Comment 11: Exclusion of Packing Costs and Byproduct Revenues
from the COGS Denominator
Comment 12: Loss on Sale of Raw Material
Comment 13: Certain Corrections to GFL's Further Manufacturing
Costs Based on Verification Findings
Comment 14: Certain Corrections to Commerce's Cost Verification
Report
VII. Recommendation
[FR Doc. 2018-20847 Filed 9-25-18; 8:45 am]
BILLING CODE 3510-DS-P
