Granular Polytetrafluoroethylene Resin From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 49299-49302 [2021-18969]
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
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Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance.
Interested parties will be notified of the
timeline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.10 Note that
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
10 See 19 CFR 351.309(d); see also 19 CFR
351.303 (for general filing requirements).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–10; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On August 11, 2021, pursuant to 19
CFR 351.210(e), Halopolymer requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its affirmative preliminary
determination. If the final determination
is affirmative, then the ITC will
determine before the later of 120 days
after the date of this preliminary
determination or 45 days after the final
determination whether these imports
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c) and 19 CFR 351.210(g).
Dated: August 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation
is granular polytetrafluoroethylene (PTFE)
resin. Granular PTFE resin is covered by the
scope of this investigation whether filled or
unfilled, whether or not modified, and
whether or not containing co-polymer,
additives, pigments, or other materials. Also
included is PTFE wet raw polymer. The
chemical formula for granular PTFE resin is
12 See Halopolymer’s Letter, ‘‘Granular
Polytetrafluoroethylene Resin from the Russian
Federation: Request for Extension of Final
Determination and Provisional Measures,’’ dated
August 11, 2021.
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49299
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
investigation if performed in the country of
manufacture of the granular PTFE resin.
The product covered by this investigation
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 this investigation.
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment to Cash Deposit Rate for
Export Subsidies
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2021–18970 Filed 9–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–899]
Granular Polytetrafluoroethylene Resin
From India: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Affirmative
Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that granular polytetrafluoroethylene
(PTFE) resin from India is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is January 1, 2020,
AGENCY:
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through December 31, 2020. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Alexis Cherry or Katherine Johnson,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0607 or
(202) 482–4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on February 23, 2021.1 On June 11,
2021, Commerce postponed the
preliminary determination of this
investigation and the deadline is now
August 25, 2021.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
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Scope of the Investigation
The product covered by this
investigation is granular PTFE resin
from India. For a complete description
of the scope of this investigation, see
Appendix I.
1 See Granular Polytetrafluoroethylene Resin from
India and the Russian Federation: Initiation of LessThan-Fair-Value Investigations, 86 FR 10926
(February 23, 2021) (Initiation Notice).
2 See Granular Polytetrafluoroethylene Resin from
India and the Russian Federation: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 86 FR 31276 (June 11, 2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Granular
Polytetrafluoroethylene Resin from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of this
investigation, as published in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttals submitted to the record for this
investigation, and accompanying
discussion of all comments timely
received, see the Preliminary Scope
Decision Memorandum.6 As discussed
in the Preliminary Scope Decision
Memorandum, Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice.
No scope case briefs were received
prior to the deadline established in the
Preliminary Scope Decision
Memorandum.7 There will be no further
opportunity for comments on scoperelated issues.8
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
On June 8, 2021, the petitioner 9
timely filed a critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1),
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice.
6 See Memorandum, ‘‘Granular
Polytetrafluoroethylene Resin from India and the
Russian Federation: Comments on Scope of
Investigations,’’ dated June 28, 2021 (Preliminary
Scope Decision Memorandum).
7 Id. at 1.
8 Case briefs, other written comments, and
rebuttal briefs submitted in response to this
preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum; see also ‘‘Public Comment’’
section of this notice.
9 The petitioner is Daikin America, Inc.
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alleging that critical circumstances exist
with respect to imports of granular
PTFE resin from India.10 In accordance
with section 733(e) of the Act and 19
CFR 351.206, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of granular
PTFE resin from India produced and
exported by Gujarat Fluorochemicals
Limited (GFCL). Furthermore, we
preliminarily determine that critical
circumstances exist with respect to
imports of granular PTFE resin from
India produced and exported by all
other producers and exporters. For a full
description of Commerce’s preliminary
critical circumstances determination,
see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated an individual estimated
weighted-average dumping margin for
GFCL, the only individually examined
exporter/producer in this investigation.
Because the only individually
calculated dumping margin is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for GFCL is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
10 See Petitioner’s Letter, ‘‘Allegation of the
Existence of Critical Circumstances,’’ dated June 8,
2021; see also Petitioner’s Letter, ‘‘Critical
Circumstances Addendum,’’ dated June 16, 2021.
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Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Gujarat Fluorochemicals Limited .............................................................................................................................
All Others .................................................................................................................................................................
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Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
estimated weighted-average dumping
margin or the estimated all-others rate,
as follows: (1) The cash deposit rate for
the respondent listed above will be
equal to the company-specific estimated
weighted-average dumping margin
determined in this preliminary
determination; (2) if the exporter is not
a respondent identified above, but the
producer is, then the cash deposit rate
will be equal to the company-specific
estimated weighted-average dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the allothers estimated weighted-average
dumping margin.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of (a) the date which is 90
days before the date on which the
suspension of liquidation was first
ordered, or (b) the date on which notice
of initiation of the investigation was
published. As noted above, Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced or
exported by GFCL and all other
producers or exporters. In accordance
with section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of shipments of
subject merchandise from the producers
or exporters identified in this paragraph
that were entered, or withdrawn from
warehouse, for consumption on or after
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the date which is 90 days before the
publication of this notice.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate(s).11
Any such adjusted cash deposit rate
may be found in the ‘‘Preliminary
Determination’’ section above.12
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
11 See, e.g., Polyester Textured Yarn from India:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination and Extension of Provisional
Measures, 84 FR 31301 (July 1, 2019), unchanged
in Polyester Textured Yarn from India: Final
Determination of Sales at Less Than Fair Value, 84
FR 63843 (November 19, 2019).
12 See Preliminary Decision Memorandum for
further discussion.
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13.09
13.09
Cash deposit
rate (adjusted
for subsidy
offset(s))
(percent)
10.01
10.01
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance.
Interested parties will be notified of the
timeline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in these case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.13 Note
that Commerce has modified certain of
its requirements for serving documents
containing business proprietary
information until further notice.14
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (collectively, Temporary
Rule).
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location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On August 5, 2021, pursuant to 19
CFR 351.210(e), GFCL requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.15 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and (e)(2),
because: (1) The preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
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International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
15 See GFCL’s Letter, ‘‘Gujarat Fluorochemicals
Limited’s Request to Postpone Final
Determination,’’ dated August 5, 2021.
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Notification to Interested Parties
DEPARTMENT OF COMMERCE
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c) and 19 CFR 351.210(g).
International Trade Administration
Dated: August 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
The product covered by this investigation
is granular polytetrafluoroethylene (PTFE)
resin. PTFE is covered by the scope of this
investigation whether filled or unfilled,
whether or not modified, and whether or not
containing co-polymer, additives, pigments,
or other materials. Also included is PTFE wet
raw polymer. The chemical formula for PTFE
is C2F4, and the Chemical Abstracts Service
Registry number is 9002–84–0.
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
investigation if performed in the country of
manufacture of the granular PTFE.
The product covered by this investigation
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 this investigation.
Granular PTFE 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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment to Cash Deposit Rate for
Export Subsidies
VI. Affirmative Preliminary Determination of
Critical Circumstances
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–18969 Filed 9–1–21; 8:45 am]
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Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Initiation
and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on
wooden cabinets and vanities and
components thereof (cabinets) from the
People’s Republic of China (China) and
simultaneously issuing preliminarily
results, finding that Goldenhome Living
Co., Ltd., (Goldenhome) is the
successor-in-interest to Xiamen
Goldenhome Co., Ltd., (Xiamen
Goldenhome).
DATES: Effective September 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller, 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) 482–4849.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Investigation
BILLING CODE 3510–DS–P
[A–570–106]
Background
On April 21, 2020, we published in
the Federal Register an AD order on
cabinets from China, which included
Xiamen Goldenhome.1 Pursuant to the
Order, Commerce assigned Xiamen
Goldenhome an AD cash deposit rate,
adjusted for a subsidy offset, of 37.96
percent, based on the non-selected
respondent rate.2
On July 19, 2021, Goldenhome
informed Commerce that, as of October
9, 2020, Xiamen Goldenhome changed
its name to ‘‘Goldenhome Living Co.,
Ltd.’’ 3 Goldenhome stated the change
was in name only; all other former
business operations remain unchanged.4
Goldenhome requested that Commerce
conduct a CCR and find that
Goldenhome is the successor-in-interest
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
2 Id., 85 FR at 22127.
3 See Goldenhome’s Letter, ‘‘Wooden Cabinets
and Vanities and Components Thereof from the
People’s Republic of China; Request for Changed
Circumstances Review (A–570–106),’’ dated July 19,
2021.
4 Id. at 1–2 and 4.
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49299-49302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18969]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-899]
Granular Polytetrafluoroethylene Resin From India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, Postponement of
Final Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that granular polytetrafluoroethylene (PTFE) resin from India is being,
or is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is January 1, 2020,
[[Page 49300]]
through December 31, 2020. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Katherine Johnson,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0607
or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February
23, 2021.\1\ On June 11, 2021, Commerce postponed the preliminary
determination of this investigation and the deadline is now August 25,
2021.\2\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
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\1\ See Granular Polytetrafluoroethylene Resin from India and
the Russian Federation: Initiation of Less-Than-Fair-Value
Investigations, 86 FR 10926 (February 23, 2021) (Initiation Notice).
\2\ See Granular Polytetrafluoroethylene Resin from India and
the Russian Federation: Postponement of Preliminary Determinations
in the Less-Than-Fair-Value Investigations, 86 FR 31276 (June 11,
2021).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Granular
Polytetrafluoroethylene Resin from India,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is granular PTFE resin
from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of this investigation, as published in
the Initiation Notice. For a summary of the product coverage comments
and rebuttals submitted to the record for this investigation, and
accompanying discussion of all comments timely received, see the
Preliminary Scope Decision Memorandum.\6\ As discussed in the
Preliminary Scope Decision Memorandum, Commerce is not preliminarily
modifying the scope language as it appeared in the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Granular Polytetrafluoroethylene Resin
from India and the Russian Federation: Comments on Scope of
Investigations,'' dated June 28, 2021 (Preliminary Scope Decision
Memorandum).
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No scope case briefs were received prior to the deadline
established in the Preliminary Scope Decision Memorandum.\7\ There will
be no further opportunity for comments on scope-related issues.\8\
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\7\ Id. at 1.
\8\ Case briefs, other written comments, and rebuttal briefs
submitted in response to this preliminary LTFV determination should
not include scope-related issues. See Preliminary Scope Decision
Memorandum; see also ``Public Comment'' section of this notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
On June 8, 2021, the petitioner \9\ timely filed a critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of granular PTFE resin from India.\10\ In accordance
with section 733(e) of the Act and 19 CFR 351.206, Commerce
preliminarily determines that critical circumstances exist with respect
to imports of granular PTFE resin from India produced and exported by
Gujarat Fluorochemicals Limited (GFCL). Furthermore, we preliminarily
determine that critical circumstances exist with respect to imports of
granular PTFE resin from India produced and exported by all other
producers and exporters. For a full description of Commerce's
preliminary critical circumstances determination, see the Preliminary
Decision Memorandum.
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\9\ The petitioner is Daikin America, Inc.
\10\ See Petitioner's Letter, ``Allegation of the Existence of
Critical Circumstances,'' dated June 8, 2021; see also Petitioner's
Letter, ``Critical Circumstances Addendum,'' dated June 16, 2021.
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All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for GFCL, the only individually
examined exporter/producer in this investigation. Because the only
individually calculated dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for GFCL is the margin assigned to
all other producers and exporters, pursuant to section 735(c)(5)(A) of
the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 49301]]
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter/producer average for subsidy
dumping margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Gujarat Fluorochemicals Limited......... 13.09 10.01
All Others.............................. 13.09 10.01
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondent
listed above will be equal to the company-specific estimated weighted-
average dumping margin determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. As noted above, Commerce
preliminarily finds that critical circumstances exist for imports of
subject merchandise produced or exported by GFCL and all other
producers or exporters. In accordance with section 733(e)(2)(A) of the
Act, the suspension of liquidation shall apply to unliquidated entries
of shipments of subject merchandise from the producers or exporters
identified in this paragraph that were entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the publication of this notice.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate(s).\11\ Any such adjusted cash deposit rate
may be found in the ``Preliminary Determination'' section above.\12\
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\11\ See, e.g., Polyester Textured Yarn from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and Extension of Provisional
Measures, 84 FR 31301 (July 1, 2019), unchanged in Polyester
Textured Yarn from India: Final Determination of Sales at Less Than
Fair Value, 84 FR 63843 (November 19, 2019).
\12\ See Preliminary Decision Memorandum for further discussion.
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Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in these case briefs, may be submitted
no later than seven days after the deadline date for case briefs.\13\
Note that Commerce has modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (collectively,
Temporary Rule).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
[[Page 49302]]
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On August 5, 2021, pursuant to 19 CFR 351.210(e), GFCL requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\15\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e)(2), because: (1) The preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\15\ See GFCL's Letter, ``Gujarat Fluorochemicals Limited's
Request to Postpone Final Determination,'' dated August 5, 2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c) and 19
CFR 351.210(g).
Dated: August 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation is granular
polytetrafluoroethylene (PTFE) resin. PTFE is covered by the scope
of this investigation whether filled or unfilled, whether or not
modified, and whether or not containing co-polymer, additives,
pigments, or other materials. Also included is PTFE wet raw polymer.
The chemical formula for PTFE is C2F4, and the Chemical Abstracts
Service Registry number is 9002-84-0.
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 investigation if performed in the
country of manufacture of the granular PTFE.
The product covered by this investigation 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 this
investigation.
Granular PTFE 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment to Cash Deposit Rate for Export Subsidies
VI. Affirmative Preliminary Determination of Critical Circumstances
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-18969 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P
