Granular Polytetrafluoroethylene Resin From India and the Russian Federation: Initiation of Less-Than-Fair-Value Investigations, 10926-10930 [2021-03621]

Download as PDF 10926 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices containing business proprietary information, until further notice.8 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the date of publication of this notice in the Federal Register. If a hearing is requested, Commerce will notify interested parties of the hearing date and time. Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS within 30 days after the date of publication of this notice in the Federal Register. Hearing requests should contain: (1) The requestor company’s name, address, and telephone number; (2) the number of hearing participants from the company; and (3) a list of the issues the company will discuss in the hearing. Issues raised in the hearing will be limited to issues covered in the case and rebuttal briefs. Unless otherwise extended, Commerce intends to issue the final results of this review, which will include the results of its analysis of issues raised in any case and rebuttal briefs, no later than 120 days after the date these preliminary results of review are published in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates If Commerce proceeds to a final rescission of this administrative review, any suspended entries of subject merchandise from DCL will be liquidated at the rate at which they entered, which was the China-wide entity rate (i.e., 149.92 percent). If Commerce does not proceed to a final rescission of this administrative review, pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will calculate importerspecific (or customer-specific) assessment rates based on the final results of this review. However, pursuant to Commerce’s practice in non-market economy cases, if Commerce does not proceed to a final rescission of this administrative review, for POR entries of EMD not related to sales reported in DCL’s U.S. sales database, Commerce will instruct U.S. Customs and Border Protection (CBP) to liquidate such entries at the China-wide entity rate. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. 8 See Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements If Commerce proceeds to a final rescission of this administrative review, DCL’s cash deposit rate will continue to be the China-wide entity rate of 149.92 percent. If Commerce does not proceed to a final rescission of this administrative review, but calculates a dumping margin for DCL, Commerce will instruct CBP to collect a cash deposit upon publication of the final results of review in the Federal Register, equal to the dumping margin calculated for DCL. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 16, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Sections in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Rescission of the Review V. Recommendation [FR Doc. 2021–03620 Filed 2–22–21; 8:45 am] BILLING CODE 3510–DS–P Temporary Rule. VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–533–899, A–821–829] Granular Polytetrafluoroethylene Resin From India and the Russian Federation: Initiation of Less-ThanFair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable February 16, 2021. FOR FURTHER INFORMATION CONTACT: Sergio Balbontin at (202) 482–6478 (India) or Jaron Moore at (202) 482–3640 (the Russian Federation (Russia)); AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petitions On January 27, 2021, the Department of Commerce (Commerce) received antidumping duty (AD) petitions concerning imports of granular polytetrafluoroethylene (PTFE) resin from India and Russia, filed in proper form on behalf of Daikin America, Inc. (the petitioner), a domestic producer of granular PTFE resin.1 The Petitions were accompanied by countervailing duty (CVD) petitions concerning imports of granular PTFE resin from India and Russia.2 On January 29 and February 1, 2021, Commerce requested supplemental information pertaining to certain aspects of the Petitions.3 The petitioner filed responses to these requests on February 2 and 3, 2021.4 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Granular Polytetrafluoroethylene Resin from India and Russia,’’ dated January 27, 2021 (the Petitions). 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia: Supplemental Questions,’’ dated January 29, 2021; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Granular Polytetrafluoroethylene (PTFE) Resin from India: Supplemental Questions,’’ dated February 1, 2021; and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Granular Polytetrafluoroethylene (PTFE) Resin from Russia: Supplemental Questions,’’ dated February 1, 2021. 4 See Petitioner’s Letters, ‘‘Granular Polytetrafluoroethylene Resin from India and Russia: Response to General Issues Questionnaire,’’ dated February 2, 2021 (General Issues Supplement); ‘‘Granular Polytetrafluoroethylene Resin from India: Response to Supplemental Questionnaire,’’ dated February 3, 2021 (India AD Supplement); and ‘‘Granular E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of granular PTFE resin from India and Russia are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that imports of such products are materially injuring, or threatening material injury to, the granular PTFE resin industry in the United States. Consistent with section 732(b)(1) of the Act, the Petitions are accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested AD investigations.5 Periods of Investigation Because the Petitions were filed on January 27, 2021, the period of investigation (POI) for the India and Russia AD investigations is January 1, 2020, through December 31, 2020, pursuant to 19 CFR 351.204(b)(1). Scope of the Investigations The product covered by these investigations is granular PTFE resin from India and Russia. For a full description of the scope of these investigations, see the appendix to this notice. described in the appendix to this notice, reflects this revision. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period of time for interested parties to raise issues regarding product coverage (i.e., scope).8 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information,9 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on March 8, 2021, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on March 18, 2021, which is 10 calendar days from the initial comment deadline. Commerce requests that any factual information that parties consider relevant to the scope of the investigations be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements Comments on the Scope of the Investigations On February 4 and 9, 2021, Commerce requested information from the petitioner regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief.6 On February 9, 2021, the petitioner revised the scope.7 The description of merchandise covered by these investigations, as All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.10 An electronically filed document must be received successfully in its entirety by the time and date it is due. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business Polytetrafluoroethylene Resin from Russia: Submission of Answers to Supplemental Questions,’’ dated February 3, 2021 (Russia AD Supplement). 5 See infra, section on ‘‘Determination of Industry Support for the Petitions.’’ 6 See Memoranda, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Granular Polytetrafluoroethylene Resin from India and Russia: Phone Call with Counsel to the Petitioner,’’ dated February 4, 2021; and ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Granular Polytetrafluoroethylene Resin from India and Russia: Phone Call with Counsel to the Petitioner,’’ dated February 9, 2021 (Scope Call Memorandum). 7 See Scope Call Memorandum at 1–2. 8 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 10 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 10927 proprietary information, until further notice.11 Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of granular PTFE resin to be reported in response to Commerce’s AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant costs of production accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics; and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe granular PTFE resin, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on March 8, 2021, which is 20 calendar days from the signature date of this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on March 18, 2021. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of each of the AD investigations. Determination of Industry Support for the Petitions Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\23FEN1.SGM 23FEN1 10928 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,12 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.13 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product 12 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F. 2d 240 (Fed. Cir. 1989)). 13 See VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 distinct from the scope of the investigations.14 Based on our analysis of the information submitted on the record, we have determined that granular PTFE resin, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.15 In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in the appendix to this notice. To establish industry support, the petitioner provided its own 2020 production of the domestic like product.16 Additionally, the petitioner provided a letter of support from The Chemours Company FC LLC (Chemours), stating its support for the Petitions and providing its own production of the domestic like product in 2020.17 The petitioner identifies itself and Chemours as the companies constituting the U.S. granular PTFE resin industry and states that there are no other known producers of granular PTFE resin in the United States; therefore, the Petitions are supported by 100 percent of the U.S. industry.18 We relied on the data provided by the petitioner for purposes of measuring industry support.19 Our review of the data provided in the Petitions, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petitions.20 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not 14 See Volume I of the Petitions at I–11 through I–19. 15 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Antidumping Duty Investigation Initiation Checklists: Granular Polytetrafluoroethylene Resin from India and Russia (Country-Specific AD Initiation Checklists) at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Granular Polytetrafluoroethylene Resin from India and Russia (Attachment II). These checklists are dated concurrently with this notice and on file electronically via ACCESS. 16 See Volume I of the Petitions at I–2 through I– 3 and Exhibit I–1; see also General issues Supplement at 2 and Exhibit Supp I–1. 17 See Volume I of the Petitions at I–2 through I– 3 and Exhibit I–4. 18 Id. at I–2 through I–3 and Exhibit I–1. 19 Id. at I–2 through I–3 and Exhibits I–1 and I– 4; see also General Issues Supplement at 2 and Exhibit Supp I–1. 20 See Attachment II of the Country-Specific AD Initiation Checklists. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 required to take further action in order to evaluate industry support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.23 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.24 Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.25 The petitioner contends that the industry’s injured condition is illustrated by significant and increasing volume and market share of subject imports; lost sales and revenues; underselling and price depression and/ or suppression; and declines in production, U.S. commercial shipments, and financial performance.26 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.27 21 Id.; see also section 732(c)(4)(D) of the Act. Attachment II of the Country-Specific AD Initiation Checklists. 23 Id. 24 Id. 25 See Volume I of the Petitions at I–23 and Exhibit I–27. 26 See Volume I of the Petitions at I–26 through I–38 and Exhibits I–27, I–29 through I–35; see also General Issues Supplement at Exhibit Supp. I–1. 27 See Country-Specific AD Initiation Checklists at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions 22 See E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices Allegations of Sales at LTFV The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate AD investigations of imports of granular PTFE resin from India and Russia. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the Country-Specific AD Initiation Checklists. U.S. Price For India and Russia, the petitioner based export price (EP) on the average unit values (AUVs) of publicly available import data for granular PTFE resin from India and Russia during the POI and made certain adjustments to U.S. price to calculate a net ex-factory U.S. price.28 Normal Value 29 For India and Russia, the petitioner based NV on home market price quotes obtained through market research for granular PTFE resin produced in and sold, or offered for sale, in each country within the applicable time period.30 Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of granular PTFE resin from India and Russia are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for granular PTFE resin for both countries covered by this initiation are as follows: (1) India—37.71 to 391.83 percent; and (2) Russia—67.32 percent.31 Initiation of LTFV Investigations Based upon the examination of the Petitions and supplemental responses, we find that they meet the requirements of section 732 of the Act. Therefore, we are initiating AD investigations to determine whether imports of granular PTFE resin from India and Russia are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and Covering Granular Polytetrafluoroethylene Resin from India and Russia (Attachment III). 28 See Country-Specific AD Initiation Checklists. 29 In accordance with section 773(b)(2) of the Act, for the India and Russia investigations, Commerce will request information necessary to calculate the constructed value (CV) and cost of production (COP) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product. 30 See Country-Specific AD Initiation Checklists. 31 See Country-Specific AD Initiation Checklists for details of these margin calculations. VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 140 days after the date of this initiation. Respondent Selection India In the Petition, the petitioner named eight companies in India as producers/ exporters of granular PTFE resin.32 Following standard practice in AD investigations involving market economy countries, in the event Commerce determines that the number of exporters or producers in any individual case is large such that Commerce cannot individually examine each company based upon its resources, where appropriate, Commerce intends to select mandatory respondents in that case based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigations,’’ in the appendix. On February 12, 2021, Commerce released CBP data for U.S. imports of granular PTFE resin from India under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on the CBP data and/or respondent selection must do so within three business days of the publication date of the notice of initiation of these investigations.33 Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by ACCESS no later than 5:00 p.m. ET by the specified deadline. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. We intend to select respondents within 20 days of publication of this notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https://enforcement.trade.gov/apo. Russia In the Petition, the petitioner named only one company as a producer/ exporter of granular PTFE resin in Russia, Halopolymer OJSC, and provided independent, third-party 32 See Volume I of the Petitions at I–20 and Exhibit I–26. 33 See Memorandum, ‘‘Countervailing Duty and Antidumping Duty Petitions on Granular Polytetrafluoroethylene Resin from India: Release of Customs Data from U.S. Customs and Border Protection,’’ dated February 12, 2021. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 10929 information as support.34 We currently know of no additional producers/ exporters of granular PTFE resin from Russia. Accordingly, Commerce intends to examine all known producers/ exporters (i.e., Halopolymer OJSC). We invite interested parties to comment on this issue. Such comments may include factual information within the meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so within three business days of the publication of this notice in the Federal Register. Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. ET on the specified deadline. Because we intend to examine all known producers/ exporters, if no comments are received or if comments received further support the existence of this sole producer/ exporter in Russia, we do not intend to conduct respondent selection and will proceed to issuing the initial antidumping questionnaire to the company identified. However, if comments are received which create a need for a respondent selection process, we intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the governments of India and Russia via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of its initiation, as required by section 732(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that subject imports are materially injuring or threatening material injury to a U.S. industry.35 A negative ITC determination for any country will result in the investigation being terminated with respect to that country.36 Otherwise, these AD 34 See Volume I of the Petitions at I–20 and Exhibits I–3 and I–26; see also General Issues Supplement at 1–2. 35 See section 733(a) of the Act. 36 Id. E:\FR\FM\23FEN1.SGM 23FEN1 10930 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices investigations will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 37 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.38 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. Particular Market Situation Allegation Section 773(e) of the Act addresses the concept of particular market situation (PMS) for purposes of CV, stating that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting 37 See 38 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent’s initial section D questionnaire response. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; Commerce will grant untimely filed requests for the extension of time limits only in limited cases where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.39 Parties must use the certification formats provided in 19 CFR 351.303(g).40 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. 39 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 40 See PO 00000 Frm 00012 Fmt 4703 Sfmt 9990 Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letter of appearance). This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: February 16, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigations The product covered by these investigations is granular polytetrafluoroethylene (PTFE) resin. Granular PTFE resin is covered by the scope of these investigations 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 granular PTFE resin is C2F4, and the Chemical Abstracts Service (CAS) Registry number is 9002–84–0. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by filling, modifying, compounding, packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the granular PTFE resin. The product covered by these investigations does not include dispersion or coagulated dispersion (also known as fine powder) PTFE. 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 these investigations. Granular PTFE resin is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 3904.61.0010. 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. [FR Doc. 2021–03621 Filed 2–22–21; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 10926-10930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03621]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-899, A-821-829]


Granular Polytetrafluoroethylene Resin From India and the Russian 
Federation: Initiation of Less-Than-Fair-Value Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable February 16, 2021.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin at (202) 482-6478 
(India) or Jaron Moore at (202) 482-3640 (the Russian Federation 
(Russia)); AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On January 27, 2021, the Department of Commerce (Commerce) received 
antidumping duty (AD) petitions concerning imports of granular 
polytetrafluoroethylene (PTFE) resin from India and Russia, filed in 
proper form on behalf of Daikin America, Inc. (the petitioner), a 
domestic producer of granular PTFE resin.\1\ The Petitions were 
accompanied by countervailing duty (CVD) petitions concerning imports 
of granular PTFE resin from India and Russia.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: Granular 
Polytetrafluoroethylene Resin from India and Russia,'' dated January 
27, 2021 (the Petitions).
    \2\ Id.
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    On January 29 and February 1, 2021, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\3\ The 
petitioner filed responses to these requests on February 2 and 3, 
2021.\4\
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    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Granular 
Polytetrafluoroethylene (PTFE) Resin from India and Russia: 
Supplemental Questions,'' dated January 29, 2021; ``Petition for the 
Imposition of Antidumping Duties on Imports of Granular 
Polytetrafluoroethylene (PTFE) Resin from India: Supplemental 
Questions,'' dated February 1, 2021; and ``Petition for the 
Imposition of Antidumping Duties on Imports of Granular 
Polytetrafluoroethylene (PTFE) Resin from Russia: Supplemental 
Questions,'' dated February 1, 2021.
    \4\ See Petitioner's Letters, ``Granular Polytetrafluoroethylene 
Resin from India and Russia: Response to General Issues 
Questionnaire,'' dated February 2, 2021 (General Issues Supplement); 
``Granular Polytetrafluoroethylene Resin from India: Response to 
Supplemental Questionnaire,'' dated February 3, 2021 (India AD 
Supplement); and ``Granular Polytetrafluoroethylene Resin from 
Russia: Submission of Answers to Supplemental Questions,'' dated 
February 3, 2021 (Russia AD Supplement).

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[[Page 10927]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of granular PTFE 
resin from India and Russia are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the granular 
PTFE resin industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petitions are accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested AD investigations.\5\
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    \5\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on January 27, 2021, the period of 
investigation (POI) for the India and Russia AD investigations is 
January 1, 2020, through December 31, 2020, pursuant to 19 CFR 
351.204(b)(1).

Scope of the Investigations

    The product covered by these investigations is granular PTFE resin 
from India and Russia. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On February 4 and 9, 2021, Commerce requested information from the 
petitioner regarding the proposed scope to ensure that the scope 
language in the Petitions is an accurate reflection of the products for 
which the domestic industry is seeking relief.\6\ On February 9, 2021, 
the petitioner revised the scope.\7\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects this revision.
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    \6\ See Memoranda, ``Petitions for the Imposition of Antidumping 
and Countervailing Duties on Imports of Granular 
Polytetrafluoroethylene Resin from India and Russia: Phone Call with 
Counsel to the Petitioner,'' dated February 4, 2021; and ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Granular Polytetrafluoroethylene Resin from India and 
Russia: Phone Call with Counsel to the Petitioner,'' dated February 
9, 2021 (Scope Call Memorandum).
    \7\ See Scope Call Memorandum at 1-2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period of time for interested parties to raise issues 
regarding product coverage (i.e., scope).\8\ Commerce will consider all 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information,\9\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that all interested parties submit such comments by 
5:00 p.m. Eastern Time (ET) on March 8, 2021, which is 20 calendar days 
from the signature date of this notice. Any rebuttal comments, which 
may include factual information, must be filed by 5:00 p.m. ET on March 
18, 2021, which is 10 calendar days from the initial comment deadline.
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of the concurrent AD and CVD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\10\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\11\
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of granular PTFE resin to 
be reported in response to Commerce's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant costs of 
production accurately, as well as to develop appropriate product-
comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe granular PTFE resin, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in 
matching products. Generally, Commerce attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on March 8, 
2021, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments must be filed by 5:00 p.m. ET on March 18, 2021. 
All comments and submissions to Commerce must be filed electronically 
using ACCESS, as explained above, on the record of each of the AD 
investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A)

[[Page 10928]]

of the Act provides that a petition meets this requirement if the 
domestic producers or workers who support the petition account for: (i) 
At least 25 percent of the total production of the domestic like 
product; and (ii) more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the petition. Moreover, 
section 732(c)(4)(D) of the Act provides that, if the petition does not 
establish support of domestic producers or workers accounting for more 
than 50 percent of the total production of the domestic like product, 
Commerce shall: (i) Poll the industry or rely on other information in 
order to determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\14\ Based on our analysis of the information 
submitted on the record, we have determined that granular PTFE resin, 
as defined in the scope, constitutes a single domestic like product, 
and we have analyzed industry support in terms of that domestic like 
product.\15\
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    \14\ See Volume I of the Petitions at I-11 through I-19.
    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklists: Granular 
Polytetrafluoroethylene Resin from India and Russia (Country-
Specific AD Initiation Checklists) at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Granular Polytetrafluoroethylene Resin from India 
and Russia (Attachment II). These checklists are dated concurrently 
with this notice and on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own 2020 production of the domestic like product.\16\ Additionally, the 
petitioner provided a letter of support from The Chemours Company FC 
LLC (Chemours), stating its support for the Petitions and providing its 
own production of the domestic like product in 2020.\17\ The petitioner 
identifies itself and Chemours as the companies constituting the U.S. 
granular PTFE resin industry and states that there are no other known 
producers of granular PTFE resin in the United States; therefore, the 
Petitions are supported by 100 percent of the U.S. industry.\18\ We 
relied on the data provided by the petitioner for purposes of measuring 
industry support.\19\
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    \16\ See Volume I of the Petitions at I-2 through I-3 and 
Exhibit I-1; see also General issues Supplement at 2 and Exhibit 
Supp I-1.
    \17\ See Volume I of the Petitions at I-2 through I-3 and 
Exhibit I-4.
    \18\ Id. at I-2 through I-3 and Exhibit I-1.
    \19\ Id. at I-2 through I-3 and Exhibits I-1 and I-4; see also 
General Issues Supplement at 2 and Exhibit Supp I-1.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\20\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\23\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\24\
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    \20\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \21\ Id.; see also section 732(c)(4)(D) of the Act.
    \22\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \23\ Id.
    \24\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\25\
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    \25\ See Volume I of the Petitions at I-23 and Exhibit I-27.
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    The petitioner contends that the industry's injured condition is 
illustrated by significant and increasing volume and market share of 
subject imports; lost sales and revenues; underselling and price 
depression and/or suppression; and declines in production, U.S. 
commercial shipments, and financial performance.\26\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\27\
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    \26\ See Volume I of the Petitions at I-26 through I-38 and 
Exhibits I-27, I-29 through I-35; see also General Issues Supplement 
at Exhibit Supp. I-1.
    \27\ See Country-Specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Granular Polytetrafluoroethylene Resin from India and 
Russia (Attachment III).

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[[Page 10929]]

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of granular PTFE resin from India and Russia. The sources of 
data for the deductions and adjustments relating to U.S. price and 
normal value (NV) are discussed in greater detail in the Country-
Specific AD Initiation Checklists.

U.S. Price

    For India and Russia, the petitioner based export price (EP) on the 
average unit values (AUVs) of publicly available import data for 
granular PTFE resin from India and Russia during the POI and made 
certain adjustments to U.S. price to calculate a net ex-factory U.S. 
price.\28\
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    \28\ See Country-Specific AD Initiation Checklists.
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Normal Value \29\
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    \29\ In accordance with section 773(b)(2) of the Act, for the 
India and Russia investigations, Commerce will request information 
necessary to calculate the constructed value (CV) and cost of 
production (COP) to determine whether there are reasonable grounds 
to believe or suspect that sales of the foreign like product have 
been made at prices that represent less than the COP of the product.
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    For India and Russia, the petitioner based NV on home market price 
quotes obtained through market research for granular PTFE resin 
produced in and sold, or offered for sale, in each country within the 
applicable time period.\30\
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    \30\ See Country-Specific AD Initiation Checklists.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of granular PTFE resin from India and Russia are 
being, or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for granular PTFE resin for both 
countries covered by this initiation are as follows: (1) India--37.71 
to 391.83 percent; and (2) Russia--67.32 percent.\31\
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    \31\ See Country-Specific AD Initiation Checklists for details 
of these margin calculations.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of granular PTFE resin from India and Russia are being, 
or are likely to be, sold in the United States at LTFV. In accordance 
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of this initiation.

Respondent Selection

India

    In the Petition, the petitioner named eight companies in India as 
producers/exporters of granular PTFE resin.\32\ Following standard 
practice in AD investigations involving market economy countries, in 
the event Commerce determines that the number of exporters or producers 
in any individual case is large such that Commerce cannot individually 
examine each company based upon its resources, where appropriate, 
Commerce intends to select mandatory respondents in that case based on 
U.S. Customs and Border Protection (CBP) data for U.S. imports under 
the appropriate Harmonized Tariff Schedule of the United States numbers 
listed in the ``Scope of the Investigations,'' in the appendix.
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    \32\ See Volume I of the Petitions at I-20 and Exhibit I-26.
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    On February 12, 2021, Commerce released CBP data for U.S. imports 
of granular PTFE resin from India under Administrative Protective Order 
(APO) to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on the CBP data 
and/or respondent selection must do so within three business days of 
the publication date of the notice of initiation of these 
investigations.\33\ Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety by ACCESS no later than 5:00 p.m. ET by the specified 
deadline. Commerce will not accept rebuttal comments regarding the CBP 
data or respondent selection. We intend to select respondents within 20 
days of publication of this notice.
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    \33\ See Memorandum, ``Countervailing Duty and Antidumping Duty 
Petitions on Granular Polytetrafluoroethylene Resin from India: 
Release of Customs Data from U.S. Customs and Border Protection,'' 
dated February 12, 2021.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.

Russia

    In the Petition, the petitioner named only one company as a 
producer/exporter of granular PTFE resin in Russia, Halopolymer OJSC, 
and provided independent, third-party information as support.\34\ We 
currently know of no additional producers/exporters of granular PTFE 
resin from Russia. Accordingly, Commerce intends to examine all known 
producers/exporters (i.e., Halopolymer OJSC). We invite interested 
parties to comment on this issue. Such comments may include factual 
information within the meaning of 19 CFR 351.102(b)(21). Parties 
wishing to comment must do so within three business days of the 
publication of this notice in the Federal Register. Comments must be 
filed electronically using ACCESS. An electronically-filed document 
must be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. ET on the specified deadline. Because 
we intend to examine all known producers/exporters, if no comments are 
received or if comments received further support the existence of this 
sole producer/exporter in Russia, we do not intend to conduct 
respondent selection and will proceed to issuing the initial 
antidumping questionnaire to the company identified. However, if 
comments are received which create a need for a respondent selection 
process, we intend to finalize our decisions regarding respondent 
selection within 20 days of publication of this notice.
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    \34\ See Volume I of the Petitions at I-20 and Exhibits I-3 and 
I-26; see also General Issues Supplement at 1-2.
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Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of India and Russia via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that subject imports are materially injuring or threatening 
material injury to a U.S. industry.\35\ A negative ITC determination 
for any country will result in the investigation being terminated with 
respect to that country.\36\ Otherwise, these AD

[[Page 10930]]

investigations will proceed according to statutory and regulatory time 
limits.
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    \35\ See section 733(a) of the Act.
    \36\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \37\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\38\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
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    \37\ See 19 CFR 351.301(b).
    \38\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Extension of Time Limits; Final Rule, 78 
FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\39\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\40\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \39\ See section 782(b) of the Act.
    \40\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: February 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The product covered by these investigations is granular 
polytetrafluoroethylene (PTFE) resin. Granular PTFE resin is covered 
by the scope of these investigations 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 granular PTFE resin is 
C2F4, and the Chemical Abstracts Service (CAS) 
Registry number is 9002-84-0.
    Subject merchandise includes material matching the above 
description that has been finished, packaged, or otherwise processed 
in a third country, including by filling, modifying, compounding, 
packaging with another product, or performing any other finishing, 
packaging, or processing that would not otherwise remove the 
merchandise from the scope of the investigations if performed in the 
country of manufacture of the granular PTFE resin.
    The product covered by these investigations does not include 
dispersion or coagulated dispersion (also known as fine powder) 
PTFE.
    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 these 
investigations.
    Granular PTFE resin is classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under subheading 3904.61.0010. 
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.

[FR Doc. 2021-03621 Filed 2-22-21; 8:45 am]
BILLING CODE 3510-DS-P

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