Granular Polytetrafluoroethylene Resin From India: Preliminary Results of Antidumping Duty Administrative Review, 22989-22991 [2024-07073]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22989-22991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07073]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-899]


Granular Polytetrafluoroethylene Resin From India: Preliminary 
Results of Antidumping Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that granular polytetrafluoroethylene resin (granular PTFE) 
from India was sold in the United States at less than normal value (NV) 
during the period of review (POR) September 2, 2021, through February 
28, 2023. We invite interested parties to comment on these preliminary 
results of review.

DATES: Applicable April 3, 2024.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or David Williams, 
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) 482-4929 
or (202) 482-4338, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 15, 2022, Commerce published in the Federal Register the 
antidumping duty order on granular PTFE from India.\1\ On March 2, 
2023, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\2\ On May 
9, 2023, based on a timely request for review, in accordance with 19 
CFR 351.221(c)(1)(i), Commerce initiated an administrative review of 
the Order, covering one producer/exporter, Gujarat Fluorochemicals 
Limited (GFCL).\3\
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    \1\ See Granular Polytetrafluoroethylene Resin from India and 
the Russian Federation: Antidumping Duty Orders, 87 FR 14514 (March 
15, 2022) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 13091 (March 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 29881 (May 9, 2023).
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on October 17, 2023, Commerce determined that it was 
not practicable to complete the preliminary results of this review 
within 245 days and extended the deadline for the preliminary results 
of this review until March 29, 2024.\4\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review, dated October 17, 
2023.
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Scope of the Order

    The merchandise covered by the Order is granular PTFE from India. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2023: 
Granular Polytetrafluoroethylene from Resin India,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Act. Export price and constructed export 
price are calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margin for the respondent for the period September 2, 2021, through 
February 28, 2023:

[[Page 22990]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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Gujarat Fluorochemicals Limited............................        2.38
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Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed for these preliminary results to interested parties within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\6\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the date for 
filing case briefs.\7\ Interested parties who submit case or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\8\ Case and rebuttal briefs 
should be filed using ACCESS.
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    \6\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \7\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \8\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\9\ Further, we 
request that interested parties limit their executive summary of each 
issue to no more than 450 words, not including citations. We intend to 
use the executive summaries as the basis of the comment summaries 
included in the issues and decision memorandum that will accompany the 
final results in this administrative review. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign national; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. An electronically filed hearing request 
must be received successfully in its entirety via ACCESS by 5 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, upon completion of the 
final results of this administrative review, Commerce shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise covered by 
this review.\11\
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    \11\ See 19 CFR 351.212(b).
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    If the weighted-average dumping margin for GFCL is not zero or de 
minimis (i.e., less than 0.5 percent) in the final results of this 
review, Commerce intends to calculate an importer-specific ad valorem 
antidumping duty assessment rate based on the ratio of the total amount 
of dumping calculated for each importer's examined sales to the total 
entered value of those sales, in accordance with 19 CFR 
351.212(b)(1).\12\ We intend to instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis (i.e., 0.50 percent).
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    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012) (Final Modification).
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    Where we do not have entered values for all U.S. sales to a 
particular importer (or customer), we will calculate a per-unit 
assessment rate by aggregating the antidumping duties due for all U.S. 
sales to that importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer).\13\ To determine 
whether a per-unit assessment rate is de minimis, we will calculate 
estimated entered values.
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    \13\ See 19 CFR 351.212(b)(1).
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    If the weighted-average dumping margin for GFCL or an importer-
specific assessment rate is zero or de minimis in the final results of 
review, we intend to instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\14\ The final results of this 
administrative review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\15\
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    \14\ See 19 CFR 351.106(c)(2); see also Final Modification, 77 
FR at 8103.
    \15\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by GFCL 
for which it did not know that the merchandise was destined for the 
United States, we intend to instruct CBP to liquidate unreviewed 
entries at the all-others rate (i.e., 10.01) established in the less-
than-fair-value (LTFV) investigation \16\ if there is no rate for the 
intermediate company involved in the transaction.\17\
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    \16\ See Order, 87 FR at 14515.
    \17\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for GFCL will be equal to the weighed-average 
dumping margin established in the final results of this administrative 
review, except if the rate is less than 0.50 percent, and, therefore, 
de minimis within the meaning of 19 CFR 351.106(c)(1), in which case 
the cash deposit rate will be zero; (2) for merchandise exported by a 
company not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific cash deposit rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, or a previous segment, but the producer is, then the cash 
deposit rate will be the rate established in the

[[Page 22991]]

completed segment for the most recent period of the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 10.01 percent, the all-others rate 
established in the LTFV investigation.\18\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \18\ See Order, 87 FR at 14515.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of the issues raised by interested parties in 
any case or rebuttal briefs, within 120 days after the date of 
publication of these preliminary results in the Federal Register.\19\
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    \19\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of doubled antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2024-07073 Filed 4-2-24; 8:45 am]
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