Notice2025-05639
Granular Polytetrafluoroethylene Resin From India: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Order, in Part
Primary source
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Published
April 2, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On March 7, 2025, the U.S. Court of International Trade (CIT) issued its final judgment in Daikin America, Inc. v. United States, Slip Op. 25-22 Court no. 22-00122, sustaining the U.S. Department of Commerce (Commerce)'s remand redetermination pertaining to the less- than-fair-value (LTFV) investigation of granular polytetrafluoroethylene (PTFE) resin from India covering the period of investigation January 1, 2020, through December 31, 2020. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in the investigation, and that Commerce is amending the final determination and the resulting antidumping duty (AD) order with respect to the dumping margin assigned to Gujarat Fluorochemicals Limited (GFCL), and all other producers and exporters of subject merchandise.
Full Text
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<title>Federal Register, Volume 90 Issue 62 (Wednesday, April 2, 2025)</title>
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[Federal Register Volume 90, Number 62 (Wednesday, April 2, 2025)]
[Notices]
[Pages 14433-14434]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05639]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-899]
Granular Polytetrafluoroethylene Resin From India: Notice of
Court Decision Not in Harmony With the Final Determination of
Antidumping Investigation; Notice of Amended Final Determination;
Notice of Amended Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 7, 2025, the U.S. Court of International Trade (CIT)
issued its final judgment in Daikin America, Inc. v. United States,
Slip Op. 25-22 Court no. 22-00122, sustaining the U.S. Department of
Commerce (Commerce)'s remand redetermination pertaining to the less-
than-fair-value (LTFV) investigation of granular
polytetrafluoroethylene (PTFE) resin from India covering the period of
investigation January 1, 2020, through December 31, 2020. Commerce is
notifying the public that the CIT's final judgment is not in harmony
with Commerce's final determination in the investigation, and that
Commerce is amending the final determination and the resulting
antidumping duty (AD) order with respect to the dumping margin assigned
to Gujarat Fluorochemicals Limited (GFCL), and all other producers and
exporters of subject merchandise.
DATES: Applicable March 17, 2025.
FOR FURTHER INFORMATION CONTACT: Noah Wetzel, 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) 482-7466.
SUPPLEMENTARY INFORMATION:
Background
On January 25, 2022, Commerce published its Final Determination in
the LTFV investigation of granular PTFE resin from India.\1\ In the
Final Determination, Commerce accepted GFCL's allocated movement
expenses, as reported, and granted GFCL a constructed export price
(CEP) offset. Commerce subsequently published the AD order on granular
PTFE from India.\2\ On March 14, 2024, the CIT instructed Commerce to
reconsider: (1) whether it was feasible for GFCL to report its domestic
inland freight, international freight, and domestic inland insurance
expenses on a transaction-specific basis based on the sales
documentation on the record and, if not, whether the expenses were
calculated on as specific a basis as possible and whether the reporting
of such expenses does not cause inaccuracies or distortions; and (2)
whether GFCL demonstrated its eligibility for a CEP offset.\3\
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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) (Final Determination), and accompanying Issues and Decision
Memorandum (IDM).
\2\ See Granular Polytetrafluoroethylene Resin from India and
the Russian Federation: Antidumping Duty Orders, 87 FR 14514 (March
15, 2022) (Order).
\3\ See Daikin America, Inc. v. United States, Court No. 22-
00122, ECF No. 42 (CIT March 14, 2024) (Remand Order) at 1.
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In its final remand redetermination, issued March 14, 2024,
Commerce explained why it was not feasible for GFCL to report movement
expenses on a transaction-specific basis, and why GFCL's allocation of
these expenses was reasonable, based on its records maintained in the
normal course of business, and was not distortive.\4\ Also, upon
reconsideration, we determined that GFCL had not shown that it was
entitled to a CEP offset and we revised GFCL's AD rate to remove the
CEP offset adjustment. Based on the change, Commerce calculated a
weighted-average dumping margin for GFCL of 10.36 percent for the
period of January
[[Page 14434]]
1, 2020, through December 31, 2020.\5\ On March 7, 2025, the CIT
sustained Commerce's remand redetermination.\6\
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\4\ See Final Results of Redetermination Pursuant to Court
Remand, Daikin America, Inc. v. United States, Consol. Court No. 22-
00122, Slip Op. 24-32 (CIT March 14, 2024), dated July 11, 2024
(Final Redetermination).
\5\ See Final Redetermination.
\6\ See Daikin America, Inc. v. United States, Court No. 22-
00122, Slip Op. 25-22 (CIT March 7, 2025) (CIT Decision).
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Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to sections 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 March 7,
2025, 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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\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\8\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to GFCL and all other producers
and exporters of subject merchandise as follows:
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Remand weighted-
Company average dumping
margin (percent)
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Gujarat Fluorochemicals Limited (GFCL).............. 10.36
All Others.......................................... 10.36
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Amended AD Order
Pursuant to section 735(c)(2) of the Act, Commerce shall issue an
AD order under section 736 of the Act when the final determination is
affirmative. As a result of this amended final determination, Commerce
is hereby amending the Order to revise the weighted-average dumping
margin assigned to GFCL and all other producers and exporters of
subject merchandise, as noted above.
Cash Deposit Requirements
Because GFCL has a superseding cash deposit rate (i.e., there have
been final results published in a subsequent administrative review),
Commerce will only issue revised cash deposit instructions to U.S.
Customs and Border Protection with respect to the rate assigned to all
other producers and exporters.
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: March 27, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-05639 Filed 4-1-25; 8:45 am]
BILLING CODE 3510-DS-P
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