Granular Polytetrafluoroethylene Resin From India: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 3772-3774 [2022-01339]
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3772
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Notices
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
khammond on DSKJM1Z7X2PROD with NOTICES
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review
Commerce’s regulations concerning
factual information prior to submitting
factual information in these
investigations.37
Certification Requirements
Any party submitting factual
information in an AD or countervailing
duty (CVD) proceeding must certify to
the accuracy and completeness of that
information.38 Parties must use the
certification formats provided in 19 CFR
351.303(g).39 Commerce intends to
37 See
19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
38 See section 782(b) of the Act.
39 See Certification of Factual Information to
Import Administration During Antidumping and
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reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by the filing a letter of
appearance as discussed). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.40
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: January 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The product covered by these
investigations is certain lemon juice. Lemon
juice is covered: (1) With or without addition
of preservatives, sugar, or other sweeteners;
(2) regardless of the GPL (grams per liter of
citric acid) level of concentration, brix level,
brix/acid ratio, pulp content, clarity; (3)
regardless of the grade, horticulture method
(e.g., organic or not), processed form (e.g.,
frozen or not-from-concentrate), the size of
the container in which packed, or the method
of packing; and (4) regardless of the U.S.
Department of Agriculture Food and Drug
Administration (FDA) standard of identity (as
defined under 19 CFR 146.114 et seq.) (i.e.,
whether or not the lemon juice meets an FDA
standard of identity).
Excluded from the scope are: (1) Lemon
juice at any level of concentration packed in
retail-sized containers ready for sale to
consumers; and (2) beverage products, such
as lemonade, that contain 20 percent or less
lemon juice as an ingredient by actual
volume. ‘‘Retail-sized containers’’ are defined
as lemon juice products sold in ready-for-sale
packaging (e.g., clearly visible branding,
nutritional facts listed, etc.) containing up to
128 ounces of lemon juice by actual volume.
The scope also includes certain lemon
juice that is blended with certain lemon juice
from sources not subject to these
investigations. Only the subject lemon juice
component of such blended merchandise is
covered by the scope of these investigations.
Blended lemon juice is defined as certain
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
40 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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lemon juice with two distinct component
parts of differing country(s) of origin mixed
together to form certain lemon juice where
the component parts are no longer
individually distinguishable.
The product subject to these investigations
is currently classifiable under subheadings
2009.31.4000, 2009.31.6020, 2009.31.6040,
2009.39.6020, and 2009.39.6040 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of these
investigations is dispositive.
[FR Doc. 2022–01411 Filed 1–24–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–899]
Granular Polytetrafluoroethylene Resin
From India: Final Determination of
Sales at Less Than Fair Value and
Final Affirmative Determination of
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
granular polytetrafluoroethylene (PTFE)
resin from India are being, or are likely
to be, sold in the United States at less
than fair value (LTFV).
DATES: Applicable January 25, 2022.
FOR FURTHER INFORMATION CONTACT:
Alexis Cherry or Katherine Johnson,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0607 or
(202) 482–4929, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 2, 2021, Commerce
published its preliminary determination
in the LTFV investigation of granular
PTFE resin from India, 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
1 See Granular Polytetrafluoroethylene Resin from
India: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of Provisional
Measures, 86 FR 49299 (September 2, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
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raised by interested parties and
addressed in the Issues and Decision
Memorandum, see Appendix II to this
notice.
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.
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
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 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 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
Final Affirmative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determined that critical
circumstances exist for Gujarat
Fluorochemicals Limited (GFCL) and for
all other producers and exporters.4
Commerce did not receive any
comments in response to its preliminary
determination with respect to critical
circumstances. Based on our
preliminary analysis, we continue to
find that critical circumstances exist in
the final determination.
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 GFCL.
All-Others Rate
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 GFCL, the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for GFCL is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average dumping
margin
(percent)
Exporter/producer
Gujarat Fluorochemicals Limited .............................................................................................................................
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
weighted-average dumping margin
calculations for GFCL, there are no
calculations to disclose for this final
determination.
Determination in the Less-Than-Fair-Value
Investigation of Granular Polytetrafluoroethylene
Resin from India,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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17:19 Jan 24, 2022
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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 appropriate entries of
granular PTFE resin from India, 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 in the Federal Register of
the affirmative Preliminary
Determination.
3 See Commerce’s Letter, ‘‘In Lieu of On-Site
Verification Questionnaire,’’ dated September 14,
2021; see also GFCL’s Letter, ‘‘Gujarat
Fluorochemicals Limited’s Response to
Questionnaire In-Lieu of On-Site Verification,’’
dated September 22, 2021.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
13.09
13.09
Cash deposit
rate
(Adjusted for
Subsidy
Offsets)
(percent)
10.01
10.01
Section 735(c)(4) of the Act provides
that if there is an affirmative
determination of critical circumstances,
any suspension of liquidation shall
apply to unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) The date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which notice
of initiation of the investigation was
published. As noted above, Commerce
finds that critical circumstances exist
for imports of subject merchandise
4 For a full description of the methodology and
results of Commerce’s critical circumstances
analysis, see Preliminary Determination
Memorandum at 13–16.
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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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17:19 Jan 24, 2022
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,
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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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]]>Agencies
[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3772-3774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01339]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-899]
Granular Polytetrafluoroethylene Resin From India: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances
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 India are being,
or are likely to be, sold in the United States at less than fair value
(LTFV).
DATES: Applicable January 25, 2022.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Katherine Johnson,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0607
or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2021, Commerce published its preliminary
determination in the LTFV investigation of granular PTFE resin from
India, 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
[[Page 3773]]
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 Determination of Sales at Less Than Fair
Value, Preliminary Affirmative Determination of Critical
Circumstances, Postponement of Final Determination, and Extension of
Provisional Measures, 86 FR 49299 (September 2, 2021) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
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 January 1, 2020, through December
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 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, ``In Lieu of On-Site Verification
Questionnaire,'' dated September 14, 2021; see also GFCL's Letter,
``Gujarat Fluorochemicals Limited's Response to Questionnaire In-
Lieu of On-Site Verification,'' dated September 22, 2021.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determined that critical circumstances exist for
Gujarat Fluorochemicals Limited (GFCL) and for all other producers and
exporters.\4\ Commerce did not receive any comments in response to its
preliminary determination with respect to critical circumstances. Based
on our preliminary analysis, we continue to find that critical
circumstances exist in the final determination.
---------------------------------------------------------------------------
\4\ For a full description of the methodology and results of
Commerce's critical circumstances analysis, see Preliminary
Determination Memorandum at 13-16.
---------------------------------------------------------------------------
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 GFCL.
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 GFCL, the only individually examined exporter/
producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for GFCL is the margin assigned to all other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (Adjusted
Exporter/producer average for Subsidy
dumping margin Offsets)
(percent) (percent)
------------------------------------------------------------------------
Gujarat Fluorochemicals Limited......... 13.09 10.01
All Others.............................. 13.09 10.01
------------------------------------------------------------------------
Disclosure
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 GFCL, 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 appropriate entries of granular PTFE resin
from India, 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 in the Federal Register of
the affirmative Preliminary Determination.
Section 735(c)(4) of the Act provides that if there is an
affirmative determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
later of: (a) The date which is 90 days before the date on which the
suspension of liquidation was first ordered; or (b) the date on which
notice of initiation of the investigation was published. As noted
above, Commerce finds that critical circumstances exist for imports of
subject merchandise
[[Page 3774]]
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 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 respondent-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 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 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, 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
