Granular Polytetrafluoroethylene Resin From the Russian Federation: Final Affirmative Countervailing Duty Determination, 3764-3765 [2022-01337]

Download as PDF 3764 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Notices exported by Ozdemir Ltd. Sti. (i.e., 35.66 percent). These cash deposit requirements shall remain in effect until further notice. Notification to Interested Parties This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 sanctionable violation. We are issuing and publishing these final results in accordance with sections 751(b) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 351.221(c)(3). Dated: January 19, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. International Trade Administration [C–821–830] Granular Polytetrafluoroethylene Resin From the Russian Federation: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of granular polytetrafluoroethylene (PTFE) resin from the Russian Federation (Russia). AGENCY: Applicable January 25, 2022. khammond on DSKJM1Z7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: George Ayache 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) 482–2623 or (202) 482–4868, respectively. 17:19 Jan 24, 2022 Jkt 256001 The period of investigation is January 1, 2020, through December 31, 2020. Scope Comments DEPARTMENT OF COMMERCE VerDate Sep<11>2014 Period of Investigation The product covered by this investigation is granular PTFE resin from Russia. For a complete description of the scope of this investigation, see Appendix I. BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: On July 6, 2021, Commerce published its Preliminary Determination.1 On October 14, 2021, Commerce released its Post-Preliminary Analysis.2 For a complete description of the events that followed the Preliminary Determination and Post-Preliminary Analysis, see the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is made available to the public 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. Scope of the Investigation [FR Doc. 2022–01363 Filed 1–24–22; 8:45 am] DATES: Background 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 Subsidy Programs and Comments Received The subsidy programs under investigation and the 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. 1 See Granular Polytetrafluoroethylene Resin from the Russian Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 86 FR 35476 (July 6, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Post-Preliminary Analysis of Countervailing Duty Investigation,’’ dated October 14, 2021 (Post-Preliminary Analysis). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty Investigation of Granular Polytetrafluoroethylene Resin from the Russian Federation,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part, on the facts otherwise available on the record pursuant to section 776(a) of the Act. Additionally, as discussed in the Issues and Decision Memorandum, because a respondent did not act to the best of its ability in responding to our requests for information, we drew adverse inferences, where appropriate, in selecting from among the facts otherwise available, pursuant to section 776(b) of the Act. For further information, see the section ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. 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 Act.5 Changes Since the Preliminary Determination and Post-Preliminary Analysis Based on our review and analysis of the comments received from parties, we made certain changes to Joint Stock Company ‘‘HaloPolymer’’ (HaloPolymer)’s preliminary subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate We continue to determine the allothers rate using the individual estimated subsidy rate determined for HaloPolymer, the only individually 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Commerce’s Letter, ‘‘Revised Questionnaire in Lieu of On-Site Verification,’’ dated November 8, 2021; see also HaloPolymer’s Letter, ‘‘In Lieu of Verification Questionnaire Response,’’ dated November 15, 2021. E:\FR\FM\25JAN1.SGM 25JAN1 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Notices all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. examined exporter/producer in this investigation, in accordance with section 705(c)(5)(A)(i) of the Act. Final Determination ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination Subsidy that countervailable subsidies are being rate provided to producers and exporters of Company ad valorem granular PTFE resin from Russia. As (percent) Commerce’s final determination is affirmative, in accordance with section Joint Stock Company ‘‘HaloPolymer’’ 6 ...................... 2.53 705(b) of the Act, the ITC will All Others .................................... 2.53 determine, within 45 days, whether the domestic industry in the United States Disclosure is materially injured or threatened with material injury. In addition, we are Commerce intends to disclose to making available to the ITC all noninterested parties the calculations and privileged and nonproprietary analysis performed in this final information related to this investigation. determination within five days of any We will allow the ITC access to all public announcement or, if there is no privileged and business proprietary public announcement, within five days information in our files, provided the of the date of the publication of this ITC confirms that it will not disclose notice in the Federal Register, in such information, either publicly or accordance with 19 CFR 351.224(b). under an administrative protective order Continuation of Suspension of (APO), without the written consent of Liquidation the Assistant Secretary for Enforcement and Compliance. As a result of our Preliminary Determination and pursuant to sections Notification Regarding APO 703(d)(1)(B) and (d)(2) of the Act, we In the event that the ITC issues a final instructed U.S. Customs and Border Protection (CBP) to suspend liquidation negative injury determination, this notice will serve as the only reminder of entries of subject merchandise as to parties subject to an APO of their described in the scope of the responsibility concerning the investigation section entered, or destruction of proprietary information withdrawn from warehouse, for disclosed under APO in accordance consumption on or after July 6, 2021, with 19 CFR 351.305(a)(3). Timely the date of publication of the written notification of the return/ Preliminary Determination in the destruction of APO materials or Federal Register. In accordance with conversion to judicial protective order is section 703(d) of the Act, effective November 3, 2021, we instructed CBP to hereby requested. Failure to comply with the regulations and terms of an discontinue the suspension of APO is a violation which is subject to liquidation of all entries of subject sanction. merchandise, but to continue the khammond on DSKJM1Z7X2PROD with NOTICES Commerce determines that the following estimated countervailable subsidy rates exist: suspension of liquidation of all entries of subject merchandise between July 6, 2021 and November 2, 2021. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and 6 Commerce has found the following companies to be cross-owned with HaloPolymer: Limited Liability Company ‘‘HaloPolymer KirovoChepetsk,’’ Joint Stock Company ‘‘HaloPolymer Perm,’’ and URALCHEM JSC. VerDate Sep<11>2014 17:19 Jan 24, 2022 Jkt 256001 Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: January 18, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. 3765 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. Use of Facts Otherwise Available and Adverse Inferences IV. Subsidies Valuation V. Benchmarks and Interest Rates VI. Analysis of Programs VII. Analysis of Comments Comment 1: Whether the Natural Gas for Less than Adequate Remuneration (LTAR) Program Is Countervailable Comment 2: Whether Commerce Should Use Kazakh Export Prices as a Benchmark for the Natural Gas for LTAR Calculation Comment 3: Whether the Preferential Loans Provided by the State-Controlled Banks Program Are Countervailable VIII. Recommendation [FR Doc. 2022–01337 Filed 1–24–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Appendix I [C–533–900] 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 Granular Polytetrafluoroethylene Resin From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3764-3765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-830]


Granular Polytetrafluoroethylene Resin From the Russian 
Federation: Final Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of granular polytetrafluoroethylene (PTFE) resin from the Russian 
Federation (Russia).

DATES: Applicable January 25, 2022.

FOR FURTHER INFORMATION CONTACT: George Ayache 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) 482-2623 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2021, Commerce published its Preliminary 
Determination.\1\ On October 14, 2021, Commerce released its Post-
Preliminary Analysis.\2\ For a complete description of the events that 
followed the Preliminary Determination and Post-Preliminary Analysis, 
see the Issues and Decision Memorandum.\3\ The Issues and Decision 
Memorandum is a public document and is made available to the public 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 Countervailing Duty 
Determination and Alignment of Final Determination with Final 
Antidumping Duty Determination, 86 FR 35476 (July 6, 2021) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Post-Preliminary Analysis of 
Countervailing Duty Investigation,'' dated October 14, 2021 (Post-
Preliminary Analysis).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of the Countervailing Duty 
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 resin 
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 Subsidy Programs and Comments Received

    The subsidy programs under investigation and the 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.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making this final determination, Commerce relied, in part, on 
the facts otherwise available on the record pursuant to section 776(a) 
of the Act. Additionally, as discussed in the Issues and Decision 
Memorandum, because a respondent did not act to the best of its ability 
in responding to our requests for information, we drew adverse 
inferences, where appropriate, in selecting from among the facts 
otherwise available, pursuant to section 776(b) of the Act. For further 
information, see the section ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the accompanying Issues and Decision 
Memorandum.

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 Act.\5\
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Revised Questionnaire in Lieu of 
On-Site Verification,'' dated November 8, 2021; see also 
HaloPolymer's Letter, ``In Lieu of Verification Questionnaire 
Response,'' dated November 15, 2021.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination and Post-Preliminary 
Analysis

    Based on our review and analysis of the comments received from 
parties, we made certain changes to Joint Stock Company ``HaloPolymer'' 
(HaloPolymer)'s preliminary subsidy rate calculations. For a discussion 
of these changes, see the Issues and Decision Memorandum.

All-Others Rate

    We continue to determine the all-others rate using the individual 
estimated subsidy rate determined for HaloPolymer, the only 
individually

[[Page 3765]]

examined exporter/producer in this investigation, in accordance with 
section 705(c)(5)(A)(i) of the Act.

Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                                                                rate ad
                           Company                              valorem
                                                               (percent)
------------------------------------------------------------------------
Joint Stock Company ``HaloPolymer'' \6\.....................        2.53
All Others..................................................        2.53
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \6\ Commerce has found the following companies to be cross-owned 
with HaloPolymer: Limited Liability Company ``HaloPolymer Kirovo-
Chepetsk,'' Joint Stock Company ``HaloPolymer Perm,'' and URALCHEM 
JSC.
---------------------------------------------------------------------------

    Commerce intends to disclose to interested parties the calculations 
and analysis performed in this final determination within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of the publication of this notice in the Federal 
Register, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend liquidation of entries of 
subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after July 6, 2021, the date of publication of the Preliminary 
Determination in the Federal Register. In accordance with section 
703(d) of the Act, effective November 3, 2021, we instructed CBP to 
discontinue the suspension of liquidation of all entries of subject 
merchandise, but to continue the suspension of liquidation of all 
entries of subject merchandise between July 6, 2021 and November 2, 
2021.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order and require a cash deposit of estimated countervailing duties for 
entries of subject merchandise in the amounts indicated above, in 
accordance with section 706(a) of the Act. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated, and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of granular 
PTFE resin from Russia. As Commerce's final determination is 
affirmative, in accordance with section 705(b) of the Act, the ITC will 
determine, within 45 days, whether the domestic industry in the United 
States is materially injured or threatened with material injury. 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 the return/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 pursuant to sections 
705(d) and 777(i) 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. Use of Facts Otherwise Available and Adverse Inferences
IV. Subsidies Valuation
V. Benchmarks and Interest Rates
VI. Analysis of Programs
VII. Analysis of Comments
    Comment 1: Whether the Natural Gas for Less than Adequate 
Remuneration (LTAR) Program Is Countervailable
    Comment 2: Whether Commerce Should Use Kazakh Export Prices as a 
Benchmark for the Natural Gas for LTAR Calculation
    Comment 3: Whether the Preferential Loans Provided by the State-
Controlled Banks Program Are Countervailable
VIII. Recommendation

[FR Doc. 2022-01337 Filed 1-24-22; 8:45 am]
BILLING CODE 3510-DS-P