Granular Polytetrafluoroethylene Resin From India and the Russian Federation: Countervailing Duty Orders, 14509-14511 [2022-05419]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices
NW, Washington, DC 20230; telephone:
(202) 482–1221 and (202) 482–7421,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2022, the Department
of Commerce (Commerce) initiated a
countervailing duty (CVD) investigation
of imports of barium chloride from
India.1 Currently, the preliminary
determination is due no later than April
7, 2022.
khammond on DSKJM1Z7X2PROD with NOTICES
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which Commerce initiated the
investigation. However, section
703(c)(1) of the Act permits Commerce
to postpone the preliminary
determination until no later than 130
days after the date on which Commerce
initiated the investigation if: (A) The
petitioner 2 makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On March 8, 2022, the petitioner
submitted a timely request that
Commerce postpone the preliminary
CVD determination.3 The petitioner
stated that it requests postponement
‘‘. . . so that Petitioner’s counsel can
analyze and comment upon the
responses of the respondent company
and the Government of India to
Commerce’s Countervailing Duty
Questionnaire.’’ 4 In accordance with 19
CFR 351.205(e), the petitioner has stated
the reasons for requesting a
postponement of the preliminary
determination, and Commerce finds no
compelling reason to deny the request.
1 See
Barium Chloride from India: Initiation of
Countervailing Duty Investigation, 87 FR 7094
(February 8, 2022).
2 The petitioner is Chemical Products
Corporation.
3 See Petitioners’ Letter, ‘‘Countervailing Duty
Investigation of Barium Chloride from India:
Petitioner’s Request for Extension of Time for
Preliminary Determination,’’ dated March 8, 2022.
4 Id.
VerDate Sep<11>2014
21:10 Mar 14, 2022
Jkt 256001
Therefore, in accordance with section
703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the
preliminary determination to no later
than 130 days after the date on which
this investigation was initiated, i.e.,
June 13, 2022.5 Pursuant to section
705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: March 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–05427 Filed 3–14–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–900, C–821–830]
Granular Polytetrafluoroethylene Resin
From India and the Russian
Federation: Countervailing Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing countervailing
duty orders on granular
polytetrafluoroethylene (PTFE) resin
from India and the Russian Federation
(Russia).
DATES: Applicable March 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Joshua Simonidis (India) or George
Ayache (Russia), 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) 482–2623,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
5 Postponing the preliminary determination to
130 days after initiation would place the deadline
on Saturday, June 11, 2022. Commerce’s practice
dictates that where a deadline falls on a weekend
or federal holiday, the appropriate deadline is the
next business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
14509
Background
On January 25, 2022, Commerce
published in the Federal Register its
affirmative final determinations in the
countervailing duty investigations of
granular PTFE resin from India and
Russia.1 On March 8, 2022, the ITC
notified Commerce of its final
affirmative determinations, pursuant to
sections 705(b)(1)(A)(i) and 705(d) of the
Tariff Act of 1930, as amended (the Act),
that an industry in the United States is
materially injured by reason of
subsidized imports of granular PTFE
resin from India and Russia, and of its
determination that critical
circumstances do not exist with respect
to imports of granular PTFE resin from
India.2
Scope of the Orders
The product covered by these orders
is granular PTFE resin from India and
Russia. For a complete description of
the scope of these orders, see the
Appendix to this notice.
Countervailing Duty Orders
On March 8, 2022, in accordance with
sections 705(b)(1)(A)(i) and 705(d) of the
Act, the ITC notified Commerce of its
final determinations in these
investigations, in which it found that an
industry in the United States is
materially injured by reason of
subsidized imports of granular PTFE
resin from India and Russia. Therefore,
in accordance with section 705(c)(2) of
the Act, Commerce is issuing these
countervailing duty orders. Because the
ITC determined that imports of granular
PTFE resin from India and Russia are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from India and Russia,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by Commerce, countervailing duties on
unliquidated entries of granular PTFE
resin from India and Russia. With the
exception of entries occurring after the
expiration of the provisional measures
period and before the publication of the
1 See Granular Polytetrafluoroethylene Resin from
India: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical
Circumstances Determination, 87 FR 3765 (January
25, 2022) (India Final Determination); see also
Granular Polytetrafluoroethylene Resin from the
Russian Federation: Final Affirmative
Countervailing Duty Determination, 87 FR 3764
(January 25, 2022) (Russia Final Determination).
2 See ITC Notification Letter, Investigation Nos.
701–TA–663–664 and 731–TA–1555–1556 (March
8, 2022) (ITC Notification).
E:\FR\FM\15MRN1.SGM
15MRN1
14510
Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices
ITC’s final affirmative injury
determinations, as further described
below, countervailing duties will be
assessed on unliquidated entries of
granular PTFE resin from India and
Russia entered, or withdrawn from
warehouse, for consumption on or after
July 6, 2021, the date of publication of
the Preliminary Determinations in the
Federal Register.3
Critical Circumstances
With regards to the ITC’s negative
critical circumstances determination on
imports of granular PTFE resin from
India discussed above, we will instruct
CBP to lift suspension and to refund any
cash deposits made to secure the
payment of estimated countervailing
duties with respect to entries of granular
PTFE resin from India, entered or
withdrawn from warehouse, for
consumption on or after April 7, 2021
(i.e., 90 days prior to the date of
publication of the preliminary
determination), but before July 6, 2021
(i.e., the date of the publication of the
preliminary determination for this
investigation).
Suspension of Liquidation and Cash
Deposits
khammond on DSKJM1Z7X2PROD with NOTICES
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of granular PTFE resin from India and
Russia, effective the date of publication
of the ITC’s notice of final
determinations in the Federal Register,
and to assess, upon further instruction
by Commerce pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise. On or after the
date of publication of the ITC’s final
injury determinations in the Federal
Register, CBP must require, at the same
time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit equal to the
rates noted below. These instructions
suspending liquidation will remain in
effect until further notice. The all-others
rate applies to all producers or exporters
not specifically listed below.
3 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); see also
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)
(collectively, Preliminary Determinations).
VerDate Sep<11>2014
21:10 Mar 14, 2022
Jkt 256001
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
India ..... Gujarat
31.89
Register.8 The Final Rule and
Fluorochemicals
Procedural Guidance provide that
4
Limited .
All Others .................
31.89 Commerce will maintain an annual
Russia .. Joint Stock Company
2.53 inquiry service list for each order or
suspended investigation, and any
‘‘HaloPolymer’’ 5.
All Others .................
2.53 interested party submitting a scope
ruling application or request for
Provisional Measures
circumvention inquiry shall serve a
copy of the application or request on the
Section 703(d) of the Act states that
persons on the annual inquiry service
the suspension of liquidation pursuant
list for that order, as well as any
to an affirmative preliminary
companion order covering the same
determination may not remain in effect
merchandise from the same country of
for more than four months. In the
origin.9
underlying investigations, Commerce
In accordance with the Procedural
published the Preliminary
Guidance, for orders published in the
Determinations on July 6, 2021.6
Federal Register after November 4,
Therefore, entries of granular PTFE
2021, Commerce will create an annual
resin from India and Russia made on or
after November 3, 2021, and prior to the inquiry service list segment in
Commerce’s online e-filing and
date of publication of the ITC’s final
document management system,
determination in the Federal Register,
Antidumping and Countervailing Duty
are not subject to the assessment of
Electronic Service System (ACCESS),
countervailing duties due to
available at https://access.trade.gov,
Commerce’s discontinuation of the
within five business days of publication
suspension of liquidation.
of the notice of the order. Each annual
In accordance with section 703(d) of
inquiry service list will be saved in
the Act, Commerce instructed CBP to
ACCESS, under each case number, and
terminate the suspension of liquidation
under a specific segment type called
and to liquidate, without regard to
‘‘AISL-Annual Inquiry Service List.’’ 10
countervailing duties, unliquidated
Interested parties who wish to be
entries of granular PTFE resin from
added
to the annual inquiry service list
India and Russia entered, or withdrawn
from warehouse, for consumption on or for an order must submit an entry of
appearance to the annual inquiry
after November 3, 2021, the date on
service list segment for the order in
which the provisional countervailing
duty measures expired, through the day ACCESS within 30 days after the date of
publication of the order. For ease of
preceding the date of publication of the
administration, Commerce requests that
ITC final injury determinations in the
law firms with more than one attorney
Federal Register. Suspension of
representing interested parties in an
liquidation will resume on the date of
order designate a lead attorney to be
publication of the ITC final injury
included on the annual inquiry service
determinations in the Federal Register.
list. Commerce will finalize the annual
Establishment of the Annual Inquiry
inquiry service list within five business
days thereafter. As mentioned in the
Service Lists
Procedural Guidance, the new annual
On September 20, 2021, Commerce
inquiry service list will be in place until
published the final rule titled
‘‘Regulations to Improve Administration the following year, when the
Opportunity Notice for the anniversary
and Enforcement of Antidumping and
month of the order is published.
Countervailing Duty Laws’’ in the
7
Federal Register. On September 27,
8
Country
Company
4 Commerce
Subsidy
rate
(percent)
found the following companies to be
cross-owned with Gujarat Fluorochemicals Limited:
Inox Leasing Finance Limited and Inox Wind
Limited. See India Final Determination.
5 Commerce found the following companies to be
cross-owned with Joint Stock Company
‘‘HaloPolymer’’: Limited Liability Company
‘‘HaloPolymer Kirovo-Chepetsk,’’ Joint Stock
Company ‘‘HaloPolymer Perm,’’ and URALCHEM
JSC. See Russia Final Determination.
6 See Preliminary Determinations.
7 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
9 Id.
10 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
E:\FR\FM\15MRN1.SGM
15MRN1
Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 11
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list for those
orders for which they qualify as an
interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and
foreign governments will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
governments are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notifications to Interested Parties
This notice constitutes the
countervailing duty orders with respect
to granular PTFE resin from India and
Russia pursuant to section 706(a) of the
Act. Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: March 9, 2022.
Lisa W. Wang,
Assistance Secretary for Enforcement and
Compliance.
Appendix—Scope of the Orders
The product covered by these orders is
granular polytetrafluoroethylene (PTFE)
resin. Granular PTFE resin is covered by the
scope of these orders whether filled or
unfilled, whether or not modified, and
whether or not containing co-polymer,
11 See
Final Rule, 86 FR at 52335.
VerDate Sep<11>2014
21:10 Mar 14, 2022
Jkt 256001
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 orders if
performed in the country of manufacture of
the granular PTFE resin.
The product covered by these orders 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 these orders.
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.
[FR Doc. 2022–05419 Filed 3–14–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–143]
Freight Rail Coupler Systems and
Certain Components Thereof From the
People’s Republic of China:
Preliminary Affirmative Determination
of Sales at Less-Than-Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that freight rail coupler systems and
certain components thereof (freight rail
couplers) from the People’s Republic of
China (China) are being, or are likely to
be, sold in the United States at lessthan-fair value (LTFV). The period of
investigation is January 1, 2021, through
June 30, 2021. Interested parties are
invited to comment on this preliminary
determination.
DATES: Applicable March 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
14511
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2593.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 25, 2021.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are freight rail coupler
systems and certain components thereof
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 In November
2021, we received timely scope
comments from two interested parties,5
AGENCY:
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
1 See Freight Rail Coupler Systems and Certain
Components Thereof from the People’s Republic of
China: Initiation of Less-Than-Fair-Value
Investigation, 86 FR 58864 (October 25, 2021)
(Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Freight Rail Coupler
Systems and Certain Components Thereof from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Initiation Notice, 86 FR 58865.
5 See Strato Inc. (Strato)’s Letter, ‘‘Strato Scope
Comments: Antidumping & Countervailing Duty
Investigation of Freight Rail Coupler Systems and
Components Thereof from the People’s Republic of
China,’’ dated November 8, 2021; see also Wabtec
Corporation’s (Wabtec’s) Letter, ‘‘Certain Freight
Rail Coupler Systems and Components Thereof
from the People’s Republic of China: Comment on
E:\FR\FM\15MRN1.SGM
Continued
15MRN1
]]>Agencies
[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14509-14511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05419]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-900, C-821-830]
Granular Polytetrafluoroethylene Resin From India and the Russian
Federation: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing countervailing duty orders on granular
polytetrafluoroethylene (PTFE) resin from India and the Russian
Federation (Russia).
DATES: Applicable March 15, 2022.
FOR FURTHER INFORMATION CONTACT: Joshua Simonidis (India) or George
Ayache (Russia), 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) 482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 25, 2022, Commerce published in the Federal Register its
affirmative final determinations in the countervailing duty
investigations of granular PTFE resin from India and Russia.\1\ On
March 8, 2022, the ITC notified Commerce of its final affirmative
determinations, pursuant to sections 705(b)(1)(A)(i) and 705(d) of the
Tariff Act of 1930, as amended (the Act), that an industry in the
United States is materially injured by reason of subsidized imports of
granular PTFE resin from India and Russia, and of its determination
that critical circumstances do not exist with respect to imports of
granular PTFE resin from India.\2\
---------------------------------------------------------------------------
\1\ See Granular Polytetrafluoroethylene Resin from India: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Critical Circumstances Determination, 87 FR 3765 (January 25, 2022)
(India Final Determination); see also Granular
Polytetrafluoroethylene Resin from the Russian Federation: Final
Affirmative Countervailing Duty Determination, 87 FR 3764 (January
25, 2022) (Russia Final Determination).
\2\ See ITC Notification Letter, Investigation Nos. 701-TA-663-
664 and 731-TA-1555-1556 (March 8, 2022) (ITC Notification).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is granular PTFE resin from
India and Russia. For a complete description of the scope of these
orders, see the Appendix to this notice.
Countervailing Duty Orders
On March 8, 2022, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified Commerce of its final
determinations in these investigations, in which it found that an
industry in the United States is materially injured by reason of
subsidized imports of granular PTFE resin from India and Russia.
Therefore, in accordance with section 705(c)(2) of the Act, Commerce is
issuing these countervailing duty orders. Because the ITC determined
that imports of granular PTFE resin from India and Russia are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from India and Russia, entered or withdrawn from warehouse
for consumption, are subject to the assessment of countervailing
duties.
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of granular PTFE resin from India and Russia. With the
exception of entries occurring after the expiration of the provisional
measures period and before the publication of the
[[Page 14510]]
ITC's final affirmative injury determinations, as further described
below, countervailing duties will be assessed on unliquidated entries
of granular PTFE resin from India and Russia entered, or withdrawn from
warehouse, for consumption on or after July 6, 2021, the date of
publication of the Preliminary Determinations in the Federal
Register.\3\
---------------------------------------------------------------------------
\3\ 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); see also 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) (collectively, Preliminary
Determinations).
---------------------------------------------------------------------------
Critical Circumstances
With regards to the ITC's negative critical circumstances
determination on imports of granular PTFE resin from India discussed
above, we will instruct CBP to lift suspension and to refund any cash
deposits made to secure the payment of estimated countervailing duties
with respect to entries of granular PTFE resin from India, entered or
withdrawn from warehouse, for consumption on or after April 7, 2021
(i.e., 90 days prior to the date of publication of the preliminary
determination), but before July 6, 2021 (i.e., the date of the
publication of the preliminary determination for this investigation).
Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of granular PTFE resin
from India and Russia, effective the date of publication of the ITC's
notice of final determinations in the Federal Register, and to assess,
upon further instruction by Commerce pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise. On or after the date of publication of the
ITC's final injury determinations in the Federal Register, CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below.
------------------------------------------------------------------------
Subsidy
Country Company rate
(percent)
------------------------------------------------------------------------
India...................... Gujarat Fluorochemicals Limited 31.89
\4\.
All Others..................... 31.89
Russia..................... Joint Stock Company 2.53
``HaloPolymer'' \5\.
All Others..................... 2.53
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigations,
Commerce published the Preliminary Determinations on July 6, 2021.\6\
Therefore, entries of granular PTFE resin from India and Russia made on
or after November 3, 2021, and prior to the date of publication of the
ITC's final determination in the Federal Register, are not subject to
the assessment of countervailing duties due to Commerce's
discontinuation of the suspension of liquidation.
---------------------------------------------------------------------------
\4\ Commerce found the following companies to be cross-owned
with Gujarat Fluorochemicals Limited: Inox Leasing Finance Limited
and Inox Wind Limited. See India Final Determination.
\5\ Commerce found the following companies to be cross-owned
with Joint Stock Company ``HaloPolymer'': Limited Liability Company
``HaloPolymer Kirovo-Chepetsk,'' Joint Stock Company ``HaloPolymer
Perm,'' and URALCHEM JSC. See Russia Final Determination.
\6\ See Preliminary Determinations.
---------------------------------------------------------------------------
In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of
granular PTFE resin from India and Russia entered, or withdrawn from
warehouse, for consumption on or after November 3, 2021, the date on
which the provisional countervailing duty measures expired, through the
day preceding the date of publication of the ITC final injury
determinations in the Federal Register. Suspension of liquidation will
resume on the date of publication of the ITC final injury
determinations in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\7\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\8\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\9\
---------------------------------------------------------------------------
\7\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\8\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\9\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \10\
---------------------------------------------------------------------------
\10\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
---------------------------------------------------------------------------
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
[[Page 14511]]
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \11\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
---------------------------------------------------------------------------
\11\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------
Notifications to Interested Parties
This notice constitutes the countervailing duty orders with respect
to granular PTFE resin from India and Russia pursuant to section 706(a)
of the Act. Interested parties can find a list of countervailing duty
orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: March 9, 2022.
Lisa W. Wang,
Assistance Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The product covered by these orders is granular
polytetrafluoroethylene (PTFE) resin. Granular PTFE resin is covered
by the scope of these orders 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 orders if performed in the country
of manufacture of the granular PTFE resin.
The product covered by these orders 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 these
orders.
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.
[FR Doc. 2022-05419 Filed 3-14-22; 8:45 am]
BILLING CODE 3510-DS-P
