Granular Polytetrafluoroethylene Resin From the Russian Federation: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 49297-49299 [2021-18970]
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
be limited to five pages total, including
footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via Commerce’s electronic
records system, ACCESS. Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised by each party in their respective
case brief. If a request for a hearing is
made, Commerce will announce the
date and time of the hearing. Parties
should confirm by telephone the date
and time of the hearing two days before
the scheduled hearing date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.11 An electronically filed
document must be received successfully
in its entirety in ACCESS by 5 p.m.
Eastern Time on the due date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
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Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(h)(1) and 351.221(b)(4).
11 See
17:33 Sep 01, 2021
[A–821–829]
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/.
Granular Polytetrafluoroethylene Resin
From the Russian Federation:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Scope of the Investigation
The product covered by this
investigation is granular PTFE from
Russia. For a complete description of
the scope of this investigation, see
Appendix I.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that granular polytetrafluoroethylene
resin (granular PTFE resin) from the
Russian Federation (Russia) is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is January 1,
2020, through December 31, 2020.
Interested parties are invited to
comment on this preliminary
determination.
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 the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 As discussed in the
Preliminary Scope Decision
Memorandum, Commerce is not
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
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021–19010 Filed 9–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
AGENCY:
DATES:
Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or William Horn, 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) 482–3640 or (202) 482–4868,
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
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).
Temporary Rule.
VerDate Sep<11>2014
Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
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2 See Granular Polytetrafluoroethylene Resin from
India and Russia: 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 Affirmative Determination in the
Less-Than-Fair-Value Investigation of Granular
Polytetrafluoroethylene Resin from the Russian
Federation,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 86 FR at 10927.
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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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
Memorandum. There will be no further
opportunity for comments on scoperelated issues.7
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.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated constructed export prices 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.
In this investigation, Commerce
calculated an individual estimated
weighted-average dumping margin for
HaloPolymer OJSC (Halopolymer), the
sole mandatory respondent, that is not
zero, de minimis, or based entirely on
facts otherwise available. Consequently,
the rate calculated for Halopolymer is
also assigned as the rate for 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:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Halopolymer OJSC 8 ................................................................................................................................................
All Others .................................................................................................................................................................
17.36
17.36
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 allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins 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 weightedaverage 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. These suspension of liquidation
instructions will remain in effect until
further notice.
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
margin by the appropriate CVD rate(s).
As further explained in the Preliminary
Decision Memorandum, we made an
adjustment for export subsidies found in
the companion CVD investigation.9 The
adjusted rate may be found in the
‘‘Preliminary Determination’’ section’s
chart of estimated weighted-average
dumping margins above.
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 cash deposits at a rate equal
to the estimated weighted-average
dumping margin calculated in this
preliminary determination unadjusted
for export subsidies at the time the CVD
provisional measures expire. These
suspension of liquidation instructions
will remain in effect until further notice.
7 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.
8 HaloPolymer OJSC reported that home market
manufacturers HaloPolymer Kirovo-Chepetsk, LLC
(HPKC), HaloPolymer Perm, OJSC (HPP), and
Limited Liability Company First Fluoroplastic Plant
(FFP) and home market reseller Limited Liability
Company Trading House HaloPolymer (HPTH), are
affiliated with HaloPolymer OJSC by common
control. This reported affiliation is supported by
record evidence. See Halopolymer’s Letter, ‘‘Section
A Questionnaire Response,’’ dated May 14, 2021, at
6–10 and Exhibits A–2 and A–3. Accordingly, the
preliminary rate calculated applies to subject
merchandise produced by HPKC, HPP, and FFP and
exported by either HPTH or HaloPolymer OJSC.
9 See Preliminary Decision Memorandum at 11–
12.
Suspension of Liquidation
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17.99
17.99
Cash
deposit rate
(adjusted
for subsidy
offsets)
(percent)
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17:33 Sep 01, 2021
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Disclosure
Commerce intends to disclose to
interested parties its calculations
performed in connection with 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
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.
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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).
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.
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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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]]>Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49297-49299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18970]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-829]
Granular Polytetrafluoroethylene Resin From the Russian
Federation: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, 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 resin (granular PTFE resin) from
the Russian Federation (Russia) is being, or is likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation is January 1, 2020, through December 31, 2020. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, 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) 482-3640 or (202)
482-4868, 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
Russia: 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
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Granular Polytetrafluoroethylene Resin from the Russian
Federation,'' 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 from
Russia. 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 the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ As
discussed in the Preliminary Scope Decision Memorandum, Commerce is not
modifying the scope language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 86 FR at 10927.
\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
[[Page 49298]]
Memorandum. There will be no further opportunity for comments on scope-
related issues.\7\
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\7\ 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.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated constructed export
prices 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.
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 HaloPolymer OJSC (Halopolymer), the
sole mandatory respondent, that is not zero, de minimis, or based
entirely on facts otherwise available. Consequently, the rate
calculated for Halopolymer is also assigned as the rate for 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:
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\8\ HaloPolymer OJSC reported that home market manufacturers
HaloPolymer Kirovo-Chepetsk, LLC (HPKC), HaloPolymer Perm, OJSC
(HPP), and Limited Liability Company First Fluoroplastic Plant (FFP)
and home market reseller Limited Liability Company Trading House
HaloPolymer (HPTH), are affiliated with HaloPolymer OJSC by common
control. This reported affiliation is supported by record evidence.
See Halopolymer's Letter, ``Section A Questionnaire Response,''
dated May 14, 2021, at 6-10 and Exhibits A-2 and A-3. Accordingly,
the preliminary rate calculated applies to subject merchandise
produced by HPKC, HPP, and FFP and exported by either HPTH or
HaloPolymer OJSC.
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter/producer average for subsidy
dumping margin offsets)
(percent) (percent)
------------------------------------------------------------------------
Halopolymer OJSC \8\.................... 17.99 17.36
All Others.............................. 17.99 17.36
------------------------------------------------------------------------
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 respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins 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. These suspension of liquidation
instructions will remain in effect until further notice.
Commerce normally adjusts the estimated weighted-average dumping
margin by the amount of export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for export subsidies, Commerce has offset the
calculated estimated weighted-average dumping margin by the appropriate
CVD rate(s). As further explained in the Preliminary Decision
Memorandum, we made an adjustment for export subsidies found in the
companion CVD investigation.\9\ The adjusted rate may be found in the
``Preliminary Determination'' section's chart of estimated weighted-
average dumping margins above.
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\9\ See Preliminary Decision Memorandum at 11-12.
---------------------------------------------------------------------------
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 cash
deposits at a rate equal to the estimated weighted-average dumping
margin calculated in this preliminary determination unadjusted for
export subsidies at the time the CVD provisional measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to interested parties its calculations
performed in connection with 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.
[[Page 49299]]
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.
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\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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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 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.
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\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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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 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
