[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73065-73066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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.

------------------------------------------------------------------------
                                           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