Granular Polytetrafluoroethylene Resin From India: Preliminary Results of the Countervailing Duty Administrative Review; 2023
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily 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 January 1, 2023, through December 31, 2023. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 90 Issue 69 (Friday, April 11, 2025)</title>
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[Federal Register Volume 90, Number 69 (Friday, April 11, 2025)]
[Notices]
[Pages 15445-15447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06230]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-900]
Granular Polytetrafluoroethylene Resin From India: Preliminary
Results of the Countervailing Duty Administrative Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
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 January 1, 2023, through December 31, 2023. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable April 11, 2025.
FOR FURTHER INFORMATION CONTACT: Rachel Accorsi or Shane Subler, 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) 482-3149 or (202)
482-6241, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 8, 2024, based on timely requests for review, Commerce
initiated this administrative review of the countervailing duty order
on PTFE resin from India.\1\ On May 16, 2024,
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Commerce selected GFCL as the mandatory respondent in this review.\2\
On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ On November 7, 2024, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for the preliminary
results of this review until January 7, 2025.\4\ Additionally, on
December 9, 2024, Commerce tolled the deadline to issue the preliminary
results in this administrative review by 90 days.\5\ The deadline for
the preliminary results is now April 7, 2025.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 38867, 38871 (May 8, 2024) (Initiation
Notice); see also 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).
\2\ See Commerce's Letter, ``Countervailing Duty
Questionnaire,'' dated May 16, 2024, at cover letter (page 1), and
section I (page 1).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
November 7, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics included in the Preliminary Decision Memorandum is
provided as the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2023:
Granular Polytetrafluoroethylene Resin from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by the Order is PTFE resin from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying our
conclusions, including our reliance, in part, on facts otherwise
available with adverse inferences pursuant to sections 776(a) and (b)
of the Act, see the Preliminary Decision Memorandum.
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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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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate exists for the POR, January
1, 2023, through December 31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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Gujarat Fluorochemicals Limited \8\..................... 5.16
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
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\8\ As discussed in the Preliminary Decision Memorandum,
Commerce found Inox Leasing and Finance Limited to be cross-owned
with GFCL.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\9\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\10\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\10\ See 19 351.309(c)(2) and (d)(2)
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals from the
requesting party that will attend the hearing and whether any of those
individuals is a foreign national; and (3) a list of the issues the
party intends to discuss at the hearing. Issues raised in the hearing
by a party will be limited to those raised in the party's case and
rebuttal briefs. An electronically filed hearing request must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice in the Federal Register. If a request for a
hearing is made, Commerce will inform parties of the scheduled date for
the hearing.\13\
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\13\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
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Commerce intends to issue assessment instructions to CBP regarding
GFCL 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: April 7, 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.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of India's Economy
V. Subsidies Valuation Information
VI. Interest Rate Benchmarks
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2025-06230 Filed 4-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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