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]

Download as PDF Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices lotter on DSK11XQN23PROD with NOTICES1 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). VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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: E:\FR\FM\02SEN1.SGM 02SEN1 49300 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 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 http://enforcement.trade.gov/frn/. lotter on DSK11XQN23PROD with NOTICES1 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). VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 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. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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. E:\FR\FM\02SEN1.SGM 02SEN1 49301 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices Estimated weightedaverage dumping margin (percent) Exporter/producer Gujarat Fluorochemicals Limited ............................................................................................................................. All Others ................................................................................................................................................................. lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 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. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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). E:\FR\FM\02SEN1.SGM 02SEN1 49302 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 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. lotter on DSK11XQN23PROD with NOTICES1 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. VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 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] PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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. E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[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]


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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 http://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\
---------------------------------------------------------------------------

    \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
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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 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