Granular Polytetrafluoroethylene Resin From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value, 3774-3776 [2022-01335]
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3774
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Notices
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produced and/or exported by GFCL and
by all other producers and exporters.
Therefore, in accordance with section
735(c)(4) of the Act, suspension of
liquidation shall continue to apply to
unliquidated entries of subject
merchandise produced and/or exported
by GFCL and by all other producers and
exporters that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the date of publication
of the Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
equal to the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the respondent
listed above will be equal to the
respondent-specific estimated weightedaverage dumping margin determined in
this final 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
respondent-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.
In the event that a countervailing duty
(CVD) order is issued, and suspension of
liquidation is resumed in the
companion CVD investigation on
granular PTFE resin from India,
Commerce will instruct CBP to require
cash deposits adjusted by the amount of
export subsidies, as appropriate. These
adjustments are reflected in the final
column of the rate chart, above. Until
such suspension of liquidation is
resumed in the companion CVD
investigation, and so long as suspension
of liquidation continues under this
antidumping duty (AD) investigation,
the cash deposit rates for this AD
investigation will be the rates identified
in the estimated weighted-average
dumping margin column in the rate
chart, above.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of this final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
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Jkt 256001
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of granular PTFE resin from
India no later than 45 days after this
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposits posted
will be refunded and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an AD order
directing CBP to assess, upon further
instruction by Commerce, AD duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
In addition, we are making available
to the ITC all non-privileged and
nonproprietary information related to
this investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance.
Notification Regarding APO
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act,
and 19 CFR 351.210(c).
Dated: January 18, 2022.
Lisa W. Wang,
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,
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: U.S. Movement Expenses
Comment 2: Constructed Export Price
(CEP) Offset
Comment 3: Non-Prime Product Costing
Comment 4: Financial Expense Rate
Comment 5: Restructuring Expenses
IV. Recommendation
[FR Doc. 2022–01339 Filed 1–24–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–829]
Granular Polytetrafluoroethylene Resin
From the Russian Federation: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
granular polytetrafluoroethylene (PTFE)
resin from the Russian Federation
(Russia) are being, or are likely to be,
sold in the United States at less than fair
value (LTFV).
AGENCY:
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Notices
DATES:
Applicable January 25, 2022.
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
On September 2, 2021, Commerce
published its preliminary determination
in the LTFV investigation of granular
PTFE resin from Russia, in which we
also postponed the final determination
until January 18, 2022.1 For a complete
description of the events that followed
the Preliminary Determination, see the
Issues and Decision Memorandum.2 The
Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Period of Investigation
The period of investigation is January
1, 2020, through December 31, 2020.
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.
information, we made no changes to our
preliminary weighted-average dumping
margin calculations for HaloPolymer.4
For a discussion of the comments
received, see the Issues and Decision
Memorandum.
Scope Comments
No interested party commented on the
scope of the investigation as it appeared
in the Preliminary Determination.
Therefore, no changes were made to the
scope of the investigation.
All-Others Rate
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. For a list of the issues
raised by interested parties and
addressed in the Issues and Decision
Memorandum, see Appendix II to this
notice.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).3
Changes Since the Preliminary
Determination
Based on the comments received from
interested parties and record
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Commerce calculated an
individual estimated weighted-average
dumping margin for HaloPolymer, 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 HaloPolymer is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage dumping
margin
(percent)
Exporter/producer
Halopolymer 5 ...............................................................................................................................................
All Others .....................................................................................................................................................
Disclosure
khammond on DSKJM1Z7X2PROD with NOTICES
Normally, Commerce discloses to the
parties in a proceeding the calculations
that it performed in connection with the
final determination in accordance with
19 CFR 351.224(b). However, because
we made no changes to our preliminary
1 See Granular Polytetrafluoroethylene Resin from
the Russian Federation: Preliminary Affirmative
Determination of Sales at the Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 86 FR 49297
(September 2, 2021) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
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17:19 Jan 24, 2022
Jkt 256001
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
17.99
17.99
17.36
17.36
weighted-average dumping margin
calculations for HaloPolymer, there are
no calculations to disclose for this final
determination.
Continuation of Suspension of
Liquidation
Investigation of Granular Polytetrafluoroethylene
Resin from the Russian Federation,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Commerce’s Letter, ‘‘Antidumping Duty
Investigation of Granular PTFE Resin from Russia:
Supplemental Questionnaire in Lieu of On-Site
Verification,’’ dated September 16, 2021.
4 HaloPolymer OJSC, HaloPolymer KirovoChepetsk, LLC (HPKC), HaloPolymer Perm, OJSC
(HPP), HaloPolymer Trading, Inc. (HPTR), Limited
Liability Company Trading House HaloPolymer
(HPTH), and Limited Liability Company First
Fluoroplastic Plant (FFP) (collectively,
HaloPolymer).
5 The final rate calculated applies to subject
merchandise produced by HPKC, HPP, and FFP and
exported by either HPTH or HaloPolymer. See
Preliminary Determination, 86 FR 49297, 49298.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of granular
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3776
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
PTFE resin from Russia, as described in
Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after September
2, 2021, the date of publication of the
Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
final 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 companyspecific 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 weightedaverage dumping margin. These
suspension-of-liquidation instructions
will remain in effect until further notice.
In the event that a countervailing duty
(CVD) order is issued, and suspension of
liquidation is resumed in the
companion CVD investigation on
granular PTFE resin from Russia,
Commerce will instruct CBP to require,
for this antidumping duty (AD)
investigation, cash deposits adjusted by
the amount of export subsidies, as
appropriate. These adjustments are
reflected in the final column of the rate
chart, above. Until such suspension of
liquidation is resumed in the
companion CVD investigation, and so
long as suspension of liquidation
continues under this AD investigation,
the cash deposit rates for this AD
investigation will be the rates identified
in the estimated weighted-average
dumping margin column in the rate
chart, above.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of granular PTFE from
VerDate Sep<11>2014
17:19 Jan 24, 2022
Jkt 256001
Russia no later than 45 days after this
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposits posted
will be refunded and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an AD order
directing CBP to assess, upon further
instruction by Commerce, AD duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
In addition, we are making available
to the ITC all non-privileged and
nonproprietary information related to
this investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance.
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.
Notification Regarding APO
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Whether HaloPolymer Failed
to Report Complete Costs and Whether
Adverse Facts Available (AFA) or Facts
Available Should Be Applied to
Determine HaloPolymer’s Costs
Comment 2: Whether HaloPolymer
Accurately Reported Price Adjustments
IV. Recommendation
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
DEPARTMENT OF COMMERCE
Dated: January 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Research Track Assessment for Gulf
of Maine Haddock
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
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Appendix II
[FR Doc. 2022–01335 Filed 1–24–22; 8:45 am]
BILLING CODE 3510–DS–P
National Oceanic and Atmospheric
Administration
[RTID 0648–XB642]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
NMFS will convene the
Research Track Assessment Peer Review
Meeting for the purpose of reviewing
Gulf of Maine haddock stock. The
Research Track Assessment Peer Review
is a formal scientific peer-review
process for evaluating and presenting
SUMMARY:
E:\FR\FM\25JAN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3774-3776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01335]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-829]
Granular Polytetrafluoroethylene Resin From the Russian
Federation: Final Affirmative Determination of Sales at Less Than Fair
Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of granular polytetrafluoroethylene (PTFE) resin from the Russian
Federation (Russia) are being, or are likely to be, sold in the United
States at less than fair value (LTFV).
[[Page 3775]]
DATES: Applicable January 25, 2022.
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
On September 2, 2021, Commerce published its preliminary
determination in the LTFV investigation of granular PTFE resin from
Russia, in which we also postponed the final determination until
January 18, 2022.\1\ For a complete description of the events that
followed the Preliminary Determination, see the Issues and Decision
Memorandum.\2\ The Issues and 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 Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\1\ See Granular Polytetrafluoroethylene Resin from the Russian
Federation: Preliminary Affirmative Determination of Sales at the
Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures, 86 FR 49297 (September 2, 2021)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2020, through December
31, 2020.
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
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see
Appendix II to this notice.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\3\
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Antidumping Duty Investigation of
Granular PTFE Resin from Russia: Supplemental Questionnaire in Lieu
of On-Site Verification,'' dated September 16, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on the comments received from interested parties and record
information, we made no changes to our preliminary weighted-average
dumping margin calculations for HaloPolymer.\4\ For a discussion of the
comments received, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ HaloPolymer OJSC, HaloPolymer Kirovo-Chepetsk, LLC (HPKC),
HaloPolymer Perm, OJSC (HPP), HaloPolymer Trading, Inc. (HPTR),
Limited Liability Company Trading House HaloPolymer (HPTH), and
Limited Liability Company First Fluoroplastic Plant (FFP)
(collectively, HaloPolymer).
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Commerce calculated an individual estimated weighted-average
dumping margin for HaloPolymer, 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 HaloPolymer is the margin assigned to all other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated Cash deposit rate
weighted- average (adjusted for
Exporter/producer dumping margin subsidy offsets)
(percent) (percent)
------------------------------------------------------------------------
Halopolymer \5\................... 17.99 17.36
All Others........................ 17.99 17.36
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\5\ The final rate calculated applies to subject merchandise
produced by HPKC, HPP, and FFP and exported by either HPTH or
HaloPolymer. See Preliminary Determination, 86 FR 49297, 49298.
---------------------------------------------------------------------------
Normally, Commerce discloses to the parties in a proceeding the
calculations that it performed in connection with the final
determination in accordance with 19 CFR 351.224(b). However, because we
made no changes to our preliminary weighted-average dumping margin
calculations for HaloPolymer, there are no calculations to disclose for
this final determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of granular
[[Page 3776]]
PTFE resin from Russia, as described in Appendix I of this notice,
which are entered, or withdrawn from warehouse, for consumption on or
after September 2, 2021, the date of publication of the Preliminary
Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise 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 final 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.
In the event that a countervailing duty (CVD) order is issued, and
suspension of liquidation is resumed in the companion CVD investigation
on granular PTFE resin from Russia, Commerce will instruct CBP to
require, for this antidumping duty (AD) investigation, cash deposits
adjusted by the amount of export subsidies, as appropriate. These
adjustments are reflected in the final column of the rate chart, above.
Until such suspension of liquidation is resumed in the companion CVD
investigation, and so long as suspension of liquidation continues under
this AD investigation, the cash deposit rates for this AD investigation
will be the rates identified in the estimated weighted-average dumping
margin column in the rate chart, above.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of granular PTFE from Russia no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an AD order directing CBP to assess, upon further
instruction by Commerce, AD duties on all imports of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the effective date of the suspension of liquidation, as discussed
above in the ``Continuation of Suspension of Liquidation'' section.
In addition, we are making available to the ITC all non-privileged
and nonproprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance.
Notification Regarding APO
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of return or destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: January 18, 2022.
Lisa W. Wang,
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Whether HaloPolymer Failed to Report Complete Costs
and Whether Adverse Facts Available (AFA) or Facts Available Should
Be Applied to Determine HaloPolymer's Costs
Comment 2: Whether HaloPolymer Accurately Reported Price
Adjustments
IV. Recommendation
[FR Doc. 2022-01335 Filed 1-24-22; 8:45 am]
BILLING CODE 3510-DS-P
