Notice2024-20267
Granular Polytetrafluoroethylene Resin From India: Final Results of the Countervailing Duty Administrative Review; 2021-2022
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
September 9, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to Gujarat Fluorochemicals Limited (GFCL), a producer and exporter of granular polytetrafluoroethylene (PTFE) resin from India. The period of review (POR) is July 6, 2021, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73065-73066]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20267]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-900]
Granular Polytetrafluoroethylene Resin From India: Final Results
of the Countervailing Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to Gujarat Fluorochemicals
Limited (GFCL), a producer and exporter of granular
polytetrafluoroethylene (PTFE) resin from India. The period of review
(POR) is July 6, 2021, through December 31, 2022.
DATES: Applicable September 9, 2024.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Bob Palmer, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6241 or (202) 482-9068,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 8, 2024, Commerce published the Preliminary Results.\1\
For a detailed description of the events that occurred subsequent to
the Preliminary Results, see the Issues and Decision Memorandum.\2\ On
July 17, 2024, we extended the deadline for these final results to
August 27, 2024.\3\ On July 22, 2024, Commerce tolled certain deadlines
in this administrative proceeding by seven days.\4\ The deadline for
these final results is now September 3, 2024.
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\1\ See Granular Polytetrafluoroethylene Resin from India:
Preliminary Results and Partial Recission of Countervailing Duty
Administrative Review; 2021-2022, 89 FR 24428 (April 8, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Countervailing
Duty Order on Granular Polytetrafluoroethylene Resin from India;
2021-2022,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated July 17, 2024;
see also 19 CFR 351.213(h)(2).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order \5\
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\5\ See Granular Polytetrafluoroethylene Resin from India and
the Russian Federation: Countervailing Duty Orders, 87 FR 14509
(March 15, 2022) (Order), as amended in 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, 88 FR 74153 (October 30, 2023) (Amended
Final Determination and Order).
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The product covered by this Order is granular PTFE resin. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in an appendix to this
notice. 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>.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
evidence on the record, we have not made any changes to the Preliminary
Results. The reasons for this conclusion are explained in the Issues
and Decision Memorandum. Accordingly, we made no changes to the
countervailable subsidy rate calculations from the Preliminary Results
for mandatory respondent GFCL.\6\
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\6\ See Preliminary Results, 89 FR at 24428.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, we find that there
is a subsidy, i.e., a government-provided financial contribution that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\ The Issues and Decision Memorandum contains a full
description of the methodology underlying Commerce's conclusions,
[[Page 73066]]
including any determination that relied upon the use of adverse facts
available pursuant to sections 776(a) and (b) of the Act.
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution, section 771(5)(E) of the Act regarding
benefit, and section 771(5A) of the Act regarding specificity.
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Final Results of Review
As a result of this review, we determine the following net
countervailable subsidy rates for the POR of July 6, 2021, through
December 31, 2022:
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\8\ This subsidy rate applies to the period July 6, 2021, to
December 31, 2021.
\9\ This subsidy rate applies to the period January 1, 2022, to
December 31, 2022.
\10\ As stated in the Preliminary Results, Commerce found Inox
Leasing and Finance Limited to be cross-owned with GFCL. See
Preliminary Results, 89 FR at 24428.
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Subsidy rate Subsidy rate
(percent ad (percent ad
Company valorem) 2021 valorem) 2022
\8\ \9\
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Gujarat Fluorochemicals Limited \10\.... 4.89 4.70
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for the above-listed company at the applicable ad valorem
assessment rates listed for the corresponding time periods (i.e., July
6, 2021, to December 31, 2021, and January 1, 2022, to December 31,
2022). For entries made during the gap period (i.e., on or after
November 3, 2021, through March 10, 2022), we will continue to instruct
CBP to liquidate the entries without regard to countervailing duties
pursuant to section 703(d) of the Act. Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this 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
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amount shown for
GFCL (and its cross-owned affiliate) listed above for 2022, the second
year covered by the period of review, on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review. For all non-reviewed firms, we will instruct CBP
to continue to collect cash deposits at the most recent company-
specific, or all others rate (i.e., 5.39 percent),\11\ applicable to
the company. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ See Amended Final Determination and Order, 88 FR at 74154.
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Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the 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
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2).
Dated: September 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Interest Rate Benchmarks and Benchmarks for Measuring the
Adequacy of Remuneration
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Remission of Duties and Taxes on Export
Products (RODTEP) Program Provides a Countervailable Benefit
Comment 2: Whether GFCL Received a Benefit Under the RODTEP
Program Prior to September 6, 2021
Comment 3: Whether Commerce Should Rely on the Petitioner's
Proposed Benchmark for the Gujarat Industrial Development
Corporation's (GIDC) Provision of Land for Less Than Adequate
Remuneration (LTAR)
IX. Recommendation
[FR Doc. 2024-20267 Filed 9-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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