Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 74153 

10See GOV’s Letter, ‘‘Responses to Petitioners’ 

Comments on Viet Nam’s Request for Market 

Economy Treatment,’’ dated October 17, 2023. 

11See Southern Shrimp Alliance’s Letter, 

‘‘Comments in Response to Request for Market 

Economy Status,’’ dated October 19, 2023. 

12See Metal Grating Coalition’s Letter, ‘‘Response 

to the Government of the Socialist Republic of 

Vietnam’s Request for Changed Circumstances 

Review,’’ dated October 19, 2023. 

13See CFA et al.’s Letter, ‘‘Response to the 

Government of the Socialist Republic of Vietnam’s 

Request for Changed Circumstances Review,’’ dated 

October 19, 2023. 

14See Coalition for Fair Trade in Hardwood 

Plywood’s Letter, ‘‘Response to the Government of 

the Socialist Republic of Vietnam’s Request for 

Changed Circumstances Review,’’ dated October 19, 

2023. 

15See Wiley Rein, LLP’s Letter, ‘‘Response to the 

Government of the Socialist Republic of Vietnam’s 

Request for Changed Circumstances Review,’’ dated 

October 19, 2023. 

16See SDI, ASPA, and AKCA’s Letter, ‘‘Response 

to Request for Changed Circumstances Review of 

the Antidumping Order on Raw Honey from the 

Socialist Republic of Vietnam,’’ dated October 20, 

2023. 

17See Steel Manufacturer Association’s Letter, 

‘‘Response to the Government of the Socialist 

Republic of Vietnam’s Requests for Changed 

Circumstances Review,’’ dated October 20, 2023. 

18See Coalition of American Millwork Producers’ 

Letter, ‘‘Response to the Government of the 

Socialist Republic of Vietnam’s Request for 

Changed Circumstances Review,’’ dated October 20, 

2023. 

19See Notice of Final Antidumping Duty 

Determination of Sales at Less Than Fair Value and 

Affirmative Critical Circumstances: Certain Frozen 

Fish Fillets from the Socialist Republic of Vietnam, 

68 FR 37116 (June 23, 2003). 

response to the Petitioners’ 

Comments.10 On October 19, 2023, 

Commerce received comments from the 

following parties: the Southern Shrimp 

Alliance; 11 the Metal Grating 

Coalition; 12 Catfish Farmers of America 

(CFA) and America’s Catch, Inc., 

Alabama Catfish, LLC d/b/a Harvest 

Select Catfish, Inc., Consolidated Catfish 

Companies, LLC d/b/a Country Select 

Catfish, Delta Pride Catfish, Inc., 

Guidry’s Catfish, Inc., Heartland Catfish 

Company, Magnolia Processing, Inc. d/ 

b/a Pride of the Pond, and Simmons 

Farm Raised Catfish, Inc.; 13 the 

Coalition for Fair Trade in Hardwood 

Plywood; 14 and Wiley Rein, LLP.15 On 

October 20, 2023, the following parties 

submitted comments in opposition to 

GOV’s CCR Request: Steel Dynamics, 

Inc. (SDI), the American Shrimp 

Processors Association (ASPA), and the 

American Kitchen Cabinet Alliance 

(AKCA); 16 the Steel Manufacturers 

Association; 17 and the Coalition of 

American Millwork Producers.18

Initiation of Changed Circumstances 

Review 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (the Act), 

when Commerce receives information 

concerning, or a request from an 

interested party for a review of, a final 

affirmative determination that resulted 

in an AD or countervailing duty order, 

which shows changed circumstances 

sufficient to warrant a review of such 

determination, Commerce shall conduct 

a review of the determination after 

publishing notice of the review in the 

Federal Register. Section 751(b)(4) of 

the Act provides that, in the absence of 

good cause, Commerce may not review 

final determinations regarding whether 

subject merchandise is being, or is likely 

to be, sold in the United States at less 

than its fair value, or whether or not a 

countervailable subsidy is being 

provided with respect to subject 

merchandise, less than 24 months after 

the date of publication of the notice of 

that determination. 

As the GOV submitted substantial 

information on the reforms to the 

Vietnamese economy that are relevant to 

the six statutory factors Commerce 

reviews as part of its analysis on market 

economy status, and that have occurred 

since Commerce last reviewed 

Vietnam’s market economy status in 

2002,19 Commerce determines that good 

cause exists to review Vietnam’s status 

as an NME country at this time within 

the meaning of 19 CFR 351.216(c). 

Section 771(18)(C)(ii) of the Act, which 

states that Commerce may make 

determinations of a country’s NME 

status at any time, further grants 

Commerce the authority to initiate this 

NME review. Therefore, in response to 

this request, Commerce is initiating a 

CCR to examine whether Vietnam 

remains an NME country for purposes of 

the AD law, in accordance with sections 

751(b) and 771(18)(C)(ii) of the Act. 

Opportunity for Public Comment and 

Submission of Factual Information 

As part of this inquiry in which we 

are reviewing Vietnam’s NME country 

status, Commerce invites public 

comments with respect to Vietnam on 

the following factors enumerated by 

section 771(18)(B) of the Act, which 

Commerce must consider in making an 

ME/NME determination: 

(i) the extent to which the currency of 

the foreign country is convertible into 

the currency of other countries; 

(ii) the extent to which wage rates in 

the foreign country are determined by 

free bargaining between labor and 

management; 

(iii) the extent to which joint ventures 

or other investments by firms of other 

foreign countries are permitted in the 

foreign country; 

(iv) the extent of government 

ownership or control of the means of 

production; 

(v) the extent of government control 

over the allocation of resources and over 

the price and output decisions of 

enterprises; and 

(vi) such other factors as the 

administering authority considers 

appropriate. 

The deadline for the submission of 

comments is not later than 30 days after 

the date of publication of this notice. 

Rebuttal comments, limited to issues 

raised in parties’ affirmative comments, 

may be filed not later than 14 days after 

the date for filing affirmative comments. 

Interested parties must submit 

comments and factual information at the 

Federal eRulemaking Portal: https://

www.Regulations.gov. The identification 

number is ITA–2023–0010. An 

electronically filed document must be 

received successfully in its entirety by 

5:00 p.m. Eastern Time on the due date 

set forth in this notice. Parties may 

request a hearing in their comments. If 

Commerce determines that a hearing is 

warranted, parties will be notified of the 

date, time, and room number for the 

hearing, in accordance with 19 CFR 

351.310(d). 

Unless extended, consistent with 19 

CFR 351.216(e), we will issue the final 

results of this CCR no later than 270 

days after the date on which this review 

was initiated. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(b) and 

771(18)(C)(ii) of the Act. 

Dated: October 23, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–23849 Filed 10–27–23; 8:45 am] 

BILLING CODE 3510–DS–P 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
74154 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 

1See Granular Polytetrafluoroethylene Resin from 

India: Final Affirmative Countervailing Duty 

Determination and Final Affirmative Critical 

Circumstances Determination, 87 FR 3765 (January 

25, 2022) (Final Determination). 

2See Granular Polytetrafluoroethylene Resin from 

India and the Russian Federation: Countervailing 

Duty Orders, 87 FR 14509 (March 15, 2022) (Order). 

3See Gujarat Fluorochemicals Limited v. United 

States, Court No. 22–00120, Slip Op. 23–9 (CIT 

January 24, 2023). 

4See 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 https://access.trade.gov/resources/ 

remands/index.html. 

5See Gujarat Fluorochemicals Limited v. United 

States, Court No. 22–00120, Slip Op. 23–151 (CIT 

October 13, 2023). 

6See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

7See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

8Commerce has found the following companies 

to be cross-owned with GFCL: Inox Leasing Finance 

Limited and Inox Wind Limited. 

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

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

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

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. 

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: 

Company 

Subsidy rate 

ad valorem 

(percent) 

Gujarat Fluorochemicals Limited 8 ...................................... 5.39 

All Others .................................. 5.39 

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 allothers 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD489] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a public meeting of its 

Habitat Joint Advisory Panel and 

Committee to consider actions affecting 

New England fisheries in the exclusive 

economic zone (EEZ). This meeting will 

be held in-person with a webinar 

option. Recommendations from this 

group will be brought to the full Council 

for formal consideration and action, if 

appropriate. 


khammond on DSKJM1Z7X2PROD with NOTICES