Notice2023-23992
Granular Polytetrafluoroethylene Resin From India: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order
Primary source
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Published
October 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On October 13, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Gujarat Fluorochemicals Limited v. United States, Court No. 22-00120, sustaining the U.S. Department of Commerce's (Commerce) remand redetermination pertaining to the countervailing duty (CVD) investigation of granular polytetrafluoroethylene (PTFE) resin from India covering the period of investigation April 1, 2019, through March 31, 2020. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in that investigation, and that Commerce is amending the final determination and the resulting CVD order with respect to the countervailable subsidy rate assigned to Gujarat Fluorochemicals Limited (GFL).
Full Text
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<title>Federal Register, Volume 88 Issue 208 (Monday, October 30, 2023)</title>
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[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74153-74154]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23992]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-900]
Granular Polytetrafluoroethylene Resin From India: Notice of
Court Decision Not in Harmony With the Final Determination of
Countervailing Duty Investigation; Notice of Amended Final
Determination and Amended Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 13, 2023, the U.S. Court of International Trade
(CIT) issued its final judgment in Gujarat Fluorochemicals Limited v.
United States, Court No. 22-00120, sustaining
[[Page 74154]]
the U.S. Department of Commerce's (Commerce) remand redetermination
pertaining to the countervailing duty (CVD) investigation of granular
polytetrafluoroethylene (PTFE) resin from India covering the period of
investigation April 1, 2019, through March 31, 2020. Commerce is
notifying the public that the CIT's final judgment is not in harmony
with Commerce's final determination in that investigation, and that
Commerce is amending the final determination and the resulting CVD
order with respect to the countervailable subsidy rate assigned to
Gujarat Fluorochemicals Limited (GFL).
DATES: Applicable October 23, 2023.
FOR FURTHER INFORMATION CONTACT: Robert Palmer, 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) 482-9068.
SUPPLEMENTARY INFORMATION:
Background
On January 25, 2022, Commerce published its final determination in
the CVD investigation of granular PTFE resin from India. Commerce
calculated a countervailable subsidy rate of 31.89 percent for GFL and
for all other producers/exporters of granular PTFE resin in India.\1\
Commerce subsequently published the CVD order on granular PTFE resin
from India.\2\
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\1\ See Granular Polytetrafluoroethylene Resin from India: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Critical Circumstances Determination, 87 FR 3765 (January 25, 2022)
(Final Determination).
\2\ See Granular Polytetrafluoroethylene Resin from India and
the Russian Federation: Countervailing Duty Orders, 87 FR 14509
(March 15, 2022) (Order).
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GFL appealed Commerce's Final Determination. On January 24, 2023,
the CIT remanded the Final Determination to Commerce, directing
Commerce to: (1) delete from the overall rate the 26.50 percent
estimated subsidy rate for the provision of land by the State
Industrial Development Corporation (SIDC) in the state of Madhya
Pradesh, and (2) reconsider its inclusion of an estimated 0.12 percent
subsidy rate for the provision of land by the Gujarat Industrial
Development Corporation (GIDC).\3\
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\3\ See Gujarat Fluorochemicals Limited v. United States, Court
No. 22-00120, Slip Op. 23-9 (CIT January 24, 2023).
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In its final remand redetermination, issued in February 2023,
Commerce removed the 26.50 percent estimated subsidy rate for the
SIDC's provision of land from GFL's overall subsidy rate, under
respectful protest; reconsidered the inclusion of the subsidy rate for
the GIDC's provision of land; determined that this provision of land
constitutes a financial contribution from an authority and is specific,
making no changes to the 0.12 percent estimated subsidy rate for the
GIDC's provision of land; and revised the all-others rate, which was
based on GFL's rate.\4\ The CIT sustained Commerce's Final
Redetermination.\5\
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\4\ See Final Results of Redetermination Pursuant to Court
Remand, Gujarat Fluorochemicals Limited v. United States, Court No.
22-00120, Slip Op. 23-9 (CIT February 23, 2023) (Final
Redetermination), available at <a href="https://access.trade.gov/resources/remands/index.html">https://access.trade.gov/resources/remands/index.html</a>.
\5\ See Gujarat Fluorochemicals Limited v. United States, Court
No. 22-00120, Slip Op. 23-151 (CIT October 13, 2023).
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Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the Court of Appeals for the Federal Circuit held that, pursuant to
section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's October 13,
2023, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Determination. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\7\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\8\ Commerce has found the following companies to be cross-owned
with GFCL: Inox Leasing Finance Limited and Inox Wind Limited.
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to GFL and the all-others rate as
follows:
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Subsidy
rate ad
Company valorem
(percent)
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Gujarat Fluorochemicals Limited \8\........................ 5.39
All Others................................................. 5.39
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Amended Countervailing Duty Order
Because there is now a final court decision, Commerce is amending
its Final Determination and Order. As a result of this amended final
determination, Commerce is hereby updating GFL's ad valorem subsidy
rate to 5.39 percent. Additionally, because the all-others rate was
based on GFL's rate, Commerce is also updating the all-others rate to
5.39 percent.
Cash Deposit Requirements
Commerce will issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). Additionally, Commerce will
instruct CBP to refund the difference between the amount of cash
deposits paid as a result of the application of the Final Determination
and the amount due as a result of the application of this amended CVD
order.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were produced and/or exported by GFL and were
entered, or withdrawn from warehouse, during the period July 6, 2021,
through December 31, 2022, excluding any merchandise entered, or
withdrawn from warehouse, for consumption, on November 3, 2021, through
March 11, 2022. These entries will remain enjoined pursuant to the
terms of the injunction during the pendency of any appeals process.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: October 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-23992 Filed 10-26-23; 4:15 pm]
BILLING CODE 3510-DS-P
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