Notice2022-05419
Granular Polytetrafluoroethylene Resin From India and the Russian Federation: Countervailing Duty Orders
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
March 15, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 50 (Tuesday, March 15, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14509-14511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov">https://access.trade.gov</a>, 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 <a href="https://access.trade.gov">https://access.trade.gov</a>.
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 <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
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
</pre></body>
</html>Indexed from Federal Register on March 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.