Granular Polytetrafluoroethylene Resin From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 3765-3767 [2022-01338]
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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
3766
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Notices
The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
granular polytetrafluoroethylene (PTFE)
resin from India.
SUMMARY:
DATES:
Applicable January 25, 2022.
Josh
Simonidis or Janae Martin, 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) 482–0608 or (202) 482–0238,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2021, Commerce published
its Preliminary Determination.1 On
October 1, 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.
Period of Investigation
The period of investigation is April 1,
2019, through March 31, 2020.
Scope of the Investigation
The product covered by this
investigation is granular PTFE resin
from India. For a complete description
of the scope of this investigation, see
Appendix I.
khammond on DSKJM1Z7X2PROD with NOTICES
1 See
Granular Polytetrafluoroethylene Resin from
India: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative Critical
Circumstances Determination, and Alignment of
Final Determination with Final Antidumping Duty
Determination, 86 FR 35479 (July 6, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Post-Preliminary Analysis
of Countervailing Duty Investigation,’’ dated
October 4, 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 India,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
VerDate Sep<11>2014
17:19 Jan 24, 2022
Jkt 256001
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.
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 the
Government of India 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
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, ‘‘In Lieu of On-Site
Verification Questionnaire,’’ dated October 21,
2021; see also GFCL’s Letter, ‘‘In Lieu of
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Frm 00013
Fmt 4703
Sfmt 4703
Final Affirmative Determination of
Critical Circumstances
In accordance with section 703(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determined that critical
circumstances exist for Gujarat
Fluorochemicals Limited (GFCL).6
Commerce did not receive any
comments in response to its preliminary
determination with respect to critical
circumstances. That determination
remains unchanged, and a discussion of
our final critical circumstances
determination can be found in the
Issues and Decision Memorandum.
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 GFCLs
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
GFCL, the only individually 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:
Company
Gujarat Fluorochemicals Limited 7 ........................................
All Others ....................................
Subsidy
rate
ad valorem
(percent)
31.89
31.89
Disclosure
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).
Verification Questionnaire Response,’’ dated
November 15, 2021.
6 See Preliminary Determination PDM at 3–5.
7 Commerce has found the following companies
to be cross-owned with GFCL: Inox Leasing Finance
Limited and Inox Wind Limited.
E:\FR\FM\25JAN1.SGM
25JAN1
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Notices
Notification Regarding APO
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 April 7, 2021,
which is 90 days before 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
April 7, 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,
reinstate the suspension of liquidation
under section 706(a) of the Act, 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.
khammond on DSKJM1Z7X2PROD with NOTICES
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 India. 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 nonprivileged 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.
VerDate Sep<11>2014
17:19 Jan 24, 2022
Jkt 256001
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.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
3767
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. Final Determination of Critical
Circumstances
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether Production of Wind
Energy Supplied by Inox Wind Limited
Is Primarily Dedicated
Comment 2: Whether the Mumbai
Benchmark Is Comparable in Calculating
State Industrial Development
Corporation’s (SIDC’s) Provision of Land
for Less Than Adequate Remuneration
(LTAR) Benefits
Comment 3: Whether the Mumbai
Benchmark Is Aberrational in
Calculating SIDC’s Provision of Land for
LTAR Benefits
Comment 4: Whether Commerce Should
Correct Its Land Benefit Calculations
Comment 5: Whether Commerce Should
Apply Adverse Facts Available to the
Programs Under the State Government of
Madhya Pradesh Industrial Promotion
Act and the Merchandise Export from
India Scheme Program
Comment 6: Whether the Advanced
Authorization Program and Duty
Drawback Programs Are Countervailable
Comment 7: Whether Renewable Energy
Certificates Provide a Financial
Contribution
Comment 8: Whether Commerce Should
Correct Its Electricity Duty Exemption
Calculations
VIII. Recommendation
[FR Doc. 2022–01338 Filed 1–24–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber Products
From Canada: Notice of Amended
Final Results of Countervailing Duty
Administrative Review; 2019;
Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The Department of Commerce
(Commerce) published a notice in the
Federal Register of January 10, 2022, in
which it issued the amended final
results of the 2019 administrative
review of the countervailing duty (CVD)
order on certain softwood lumber
products from Canada. This notice
inadvertently omitted a company, Carter
SUMMARY:
E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3765-3767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01338]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-900]
Granular Polytetrafluoroethylene Resin From India: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Critical Circumstances Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 3766]]
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of granular polytetrafluoroethylene (PTFE) resin from India.
DATES: Applicable January 25, 2022.
FOR FURTHER INFORMATION CONTACT: Josh Simonidis or Janae Martin, 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) 482-0608 or (202)
482-0238, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2021, Commerce published its Preliminary
Determination.\1\ On October 1, 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 India:
Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Critical Circumstances Determination, and
Alignment of Final Determination with Final Antidumping Duty
Determination, 86 FR 35479 (July 6, 2021) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Post-Preliminary Analysis of
Countervailing Duty Investigation,'' dated October 4, 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
India,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is April 1, 2019, through March 31,
2020.
Scope of the Investigation
The product covered by this investigation is granular PTFE resin
from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
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 the Government of India 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, ``In Lieu of On-Site Verification
Questionnaire,'' dated October 21, 2021; see also GFCL's Letter,
``In Lieu of Verification Questionnaire Response,'' dated November
15, 2021.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances
In accordance with section 703(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determined that critical circumstances exist for
Gujarat Fluorochemicals Limited (GFCL).\6\ Commerce did not receive any
comments in response to its preliminary determination with respect to
critical circumstances. That determination remains unchanged, and a
discussion of our final critical circumstances determination can be
found in the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Preliminary Determination PDM at 3-5.
---------------------------------------------------------------------------
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 GFCLs 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 GFCL, the only individually
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)
------------------------------------------------------------------------
Gujarat Fluorochemicals Limited \7\......................... 31.89
All Others.................................................. 31.89
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\7\ Commerce has found the following companies to be cross-owned
with GFCL: Inox Leasing Finance Limited and Inox Wind Limited.
---------------------------------------------------------------------------
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).
[[Page 3767]]
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 April 7, 2021, which is 90 days before 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 April 7, 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, reinstate the suspension of liquidation under section 706(a) of
the Act, 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 India. 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. Final Determination of Critical Circumstances
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether Production of Wind Energy Supplied by Inox
Wind Limited Is Primarily Dedicated
Comment 2: Whether the Mumbai Benchmark Is Comparable in
Calculating State Industrial Development Corporation's (SIDC's)
Provision of Land for Less Than Adequate Remuneration (LTAR)
Benefits
Comment 3: Whether the Mumbai Benchmark Is Aberrational in
Calculating SIDC's Provision of Land for LTAR Benefits
Comment 4: Whether Commerce Should Correct Its Land Benefit
Calculations
Comment 5: Whether Commerce Should Apply Adverse Facts Available
to the Programs Under the State Government of Madhya Pradesh
Industrial Promotion Act and the Merchandise Export from India
Scheme Program
Comment 6: Whether the Advanced Authorization Program and Duty
Drawback Programs Are Countervailable
Comment 7: Whether Renewable Energy Certificates Provide a
Financial Contribution
Comment 8: Whether Commerce Should Correct Its Electricity Duty
Exemption Calculations
VIII. Recommendation
[FR Doc. 2022-01338 Filed 1-24-22; 8:45 am]
BILLING CODE 3510-DS-P
