Notice2022-05420
Granular Polytetrafluoroethylene Resin From India and the Russian Federation: Antidumping 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 antidumping duty orders on granular polytetrafluoroethylene (PTFE) resin from India and the Russian Federation (Russia).
Full Text
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<title>Federal Register, Volume 87 Issue 50 (Tuesday, March 15, 2022)</title>
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[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14514-14516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05420]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-899, A-821-829]
Granular Polytetrafluoroethylene Resin From India and the Russian
Federation: Antidumping 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 antidumping duty orders on granular
polytetrafluoroethylene (PTFE) resin from India and the Russian
Federation (Russia).
DATES: Applicable March 15, 2022.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry at (202) 482-0607
(India); and Jaron Moore at (202) 482-3640 (Russia); AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On January 25, 2022, Commerce published in the Federal Register its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of granular PTFE resin from India and Russia.\1\ On
March 8, 2022, the ITC notified Commerce of its final determinations,
pursuant to section 735(d) of the Tariff Act of 1930, as amended (the
Act), that an industry in the United States is materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of
LTFV imports of granular PTFE resin from India and Russia, and of its
determination that critical circumstances do not exist with respect to
dumped imports of granular PTFE resin from India.\2\
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\1\ See Granular Polytetrafluoroethylene Resin from India: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 87 FR 3772 (January 25,
2022); see also Granular Polytetrafluoroethylene Resin from the
Russian Federation: Final Determination of Sales at Less Than Fair
Value, 87 FR 3774 (January 25, 2022).
\2\ See ITC Notification Letter, Investigation Nos. 701-TA-663-
664 and 731-TA-1555-1556 (Final) dated March 8, 2022 (ITC
Notification Letter).
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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.
Antidumping Duty Orders
On March 8, 2022, in accordance with section 735(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 imports of granular PTFE resin from
India and Russia.\3\ Therefore, in accordance with section 735(c)(2) of
the Act, Commerce is issuing these antidumping 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 antidumping
duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant 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 publication of the ITC's final affirmative
injury determinations, as further described below, antidumping 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 September 2, 2021, the date of publication of the
Preliminary Determinations in the Federal Register.\4\
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\4\ 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) (India
Preliminary Determination); and Granular Polytetrafluoroethylene
Resin from the Russian Federation: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 86 FR
49297 (September 2, 2021) (Russia Preliminary Determination)
(collectively, Preliminary Determinations).
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of granular PTFE resin from India, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated antidumping duties with respect to
entries of the subject merchandise from India entered, or withdrawn
from warehouse, for consumption on or after June 4, 2021 (i.e., 90 days
prior to the date of the publication of the India Preliminary
Determination), but before September 2, 2021 (i.e., the date of
publication of the India Preliminary Determination).
Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of granular PTFE resin from India and Russia. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below, adjusted by the export subsidy offset. Accordingly, effective on
the date of publication in the Federal Register of the notice of the
ITC's final affirmative injury determinations, CBP will require, at the
same time as importers would normally deposit estimated duties on
subject merchandise, a cash deposit
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equal to the rates listed below. The relevant all-others rate applies
to all producers or exporters not specifically listed.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of exports of granular PTFE resin from India and Russia, Commerce
extended the four-month period to six months in these investigations.
Commerce published the Preliminary Determinations on September 2,
2021.\5\
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\5\ See India Preliminary Determination and Russia Preliminary
Determination.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on February 28,
2022. Therefore, in accordance with section 733(d) of the Act and our
practice,\6\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of granular PTFE resin from India and Russia
entered, or withdrawn from warehouse, for consumption after February
28, 2022, the final day on which the provisional measures were in
effect, until and through the day preceding the date of publication of
the ITC's final affirmative injury determinations in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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\6\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
India
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Cash
Estimated deposit
weighted- rate
average (adjusted
Exporter/producer dumping for
margin subsidy
(percent) offsets)
(percent)
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Gujarat Fluorochemicals Limited................. 13.09 10.01
All Others...................................... 13.09 10.01
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Russia
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Cash
Estimated deposit
weighted- rate
average (adjusted
Exporter/producer dumping for
margin subsidy
(percent) offsets)
(percent)
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HaloPolymer OJSC \7\............................ 17.99 17.36
All Others...................................... 17.99 17.36
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Establishment of the Annual Inquiry Service Lists
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\7\ The final rate applies to subject merchandise produced by
HaloPolymer Kirovo-Chepetsk, LLC, HaloPolymer Perm, OJSC, and
Limited Liability Company First Fluoroplastic Plant and exported by
either Limited Liability Company Trading House HaloPolymer or
HaloPolymer OJSC.
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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.\8\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\9\ 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.\10\
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\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\10\ Id.
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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.'' \11\
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\11\ 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.
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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.
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.'' \12\ Accordingly, as stated
above, the petitioners and foreign governments
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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.
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\12\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
granular PTFE resin from India and Russia pursuant to section 736(a) of
the Act. Interested parties can find a list of antidumping duty orders
currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: March 9, 2022.
Lisa W. Wang,
Assistant 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 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. 2022-05420 Filed 3-14-22; 8:45 am]
BILLING CODE 3510-DS-P
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</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.