Notice2022-01335
Granular Polytetrafluoroethylene Resin From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 25, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 16 (Tuesday, January 25, 2022)</title>
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[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3774-3776]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01335]
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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
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 the Russian
Federation (Russia) are being, or are likely to be, sold in the United
States at less than fair value (LTFV).
[[Page 3775]]
DATES: Applicable January 25, 2022.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2021, Commerce published its preliminary
determination in the LTFV investigation of granular PTFE resin from
Russia, 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 Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Granular Polytetrafluoroethylene Resin from the Russian
Federation: Preliminary Affirmative Determination of Sales at the
Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures, 86 FR 49297 (September 2, 2021)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Granular Polytetrafluoroethylene Resin from the
Russian Federation,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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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 from
Russia. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Analysis of 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\
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\3\ See Commerce's Letter, ``Antidumping Duty Investigation of
Granular PTFE Resin from Russia: Supplemental Questionnaire in Lieu
of On-Site Verification,'' dated September 16, 2021.
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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 HaloPolymer.\4\ For a discussion of the
comments received, see the Issues and Decision Memorandum.
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\4\ HaloPolymer OJSC, HaloPolymer Kirovo-Chepetsk, LLC (HPKC),
HaloPolymer Perm, OJSC (HPP), HaloPolymer Trading, Inc. (HPTR),
Limited Liability Company Trading House HaloPolymer (HPTH), and
Limited Liability Company First Fluoroplastic Plant (FFP)
(collectively, HaloPolymer).
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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 HaloPolymer, 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 HaloPolymer 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 rate
weighted- average (adjusted for
Exporter/producer dumping margin subsidy offsets)
(percent) (percent)
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Halopolymer \5\................... 17.99 17.36
All Others........................ 17.99 17.36
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Disclosure
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\5\ The final rate calculated applies to subject merchandise
produced by HPKC, HPP, and FFP and exported by either HPTH or
HaloPolymer. See Preliminary Determination, 86 FR 49297, 49298.
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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 HaloPolymer, 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 entries of granular
[[Page 3776]]
PTFE resin from Russia, 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 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 for such
entries of merchandise equal to the estimated weighted-average dumping
margin or the estimated all-others rate, as follows: (1) The cash
deposit rate for the respondent listed above will be equal to the
company-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 company-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 Russia, Commerce will instruct CBP to
require, for this antidumping duty (AD) investigation, 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 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 the 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 from Russia 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 terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
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. 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. Discussion of the Issues
Comment 1: Whether HaloPolymer Failed to Report Complete Costs
and Whether Adverse Facts Available (AFA) or Facts Available Should
Be Applied to Determine HaloPolymer's Costs
Comment 2: Whether HaloPolymer Accurately Reported Price
Adjustments
IV. Recommendation
[FR Doc. 2022-01335 Filed 1-24-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 25, 2022.
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