[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14514-14516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05420]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-899, A-821-829]


Granular Polytetrafluoroethylene Resin From India and the Russian 
Federation: Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty orders on granular 
polytetrafluoroethylene (PTFE) resin from India and the Russian 
Federation (Russia).

DATES: Applicable March 15, 2022.

FOR FURTHER INFORMATION CONTACT: Alexis Cherry at (202) 482-0607 
(India); and Jaron Moore at (202) 482-3640 (Russia); AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 2022, Commerce published in the Federal Register its 
affirmative final determinations in the less-than-fair-value (LTFV) 
investigations of granular PTFE resin from India and Russia.\1\ On 
March 8, 2022, the ITC notified Commerce of its final determinations, 
pursuant to section 735(d) of the Tariff Act of 1930, as amended (the 
Act), that an industry in the United States is materially injured 
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of 
LTFV imports of granular PTFE resin from India and Russia, and of its 
determination that critical circumstances do not exist with respect to 
dumped imports of granular PTFE resin from India.\2\
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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); see also Granular Polytetrafluoroethylene Resin from the 
Russian Federation: Final Determination of Sales at Less Than Fair 
Value, 87 FR 3774 (January 25, 2022).
    \2\ See ITC Notification Letter, Investigation Nos. 701-TA-663-
664 and 731-TA-1555-1556 (Final) dated March 8, 2022 (ITC 
Notification Letter).
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Scope of the Orders

    The product covered by these orders is granular PTFE resin from 
India and Russia. For a complete description of the scope of these 
orders, see the Appendix to this notice.

Antidumping Duty Orders

    On March 8, 2022, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of imports of granular PTFE resin from 
India and Russia.\3\ Therefore, in accordance with section 735(c)(2) of 
the Act, Commerce is issuing these antidumping duty orders. Because the 
ITC determined that imports of granular PTFE resin from India and 
Russia are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from India and Russia, entered or withdrawn from 
warehouse for consumption, are subject to the assessment of antidumping 
duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of granular PTFE resin from India and Russia. With the 
exception of entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final affirmative 
injury determinations, as further described below, antidumping duties 
will be assessed on unliquidated entries of granular PTFE resin from 
India and Russia entered, or withdrawn from warehouse, for consumption, 
on or after September 2, 2021, the date of publication of the 
Preliminary Determinations in the Federal Register.\4\
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    \4\ See Granular Polytetrafluoroethylene Resin from India: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Preliminary Affirmative Determination of Critical 
Circumstances, Postponement of Final Determination, and Extension of 
Provisional Measures, 86 FR 49299 (September 2, 2021) (India 
Preliminary Determination); and Granular Polytetrafluoroethylene 
Resin from the Russian Federation: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 86 FR 
49297 (September 2, 2021) (Russia Preliminary Determination) 
(collectively, Preliminary Determinations).
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of granular PTFE resin from India, we will 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated antidumping duties with respect to 
entries of the subject merchandise from India entered, or withdrawn 
from warehouse, for consumption on or after June 4, 2021 (i.e., 90 days 
prior to the date of the publication of the India Preliminary 
Determination), but before September 2, 2021 (i.e., the date of 
publication of the India Preliminary Determination).

Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 736 of the Act, Commerce will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of granular PTFE resin from India and Russia. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below, adjusted by the export subsidy offset. Accordingly, effective on 
the date of publication in the Federal Register of the notice of the 
ITC's final affirmative injury determinations, CBP will require, at the 
same time as importers would normally deposit estimated duties on 
subject merchandise, a cash deposit

[[Page 14515]]

equal to the rates listed below. The relevant all-others rate applies 
to all producers or exporters not specifically listed.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of exports of granular PTFE resin from India and Russia, Commerce 
extended the four-month period to six months in these investigations. 
Commerce published the Preliminary Determinations on September 2, 
2021.\5\
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    \5\ See India Preliminary Determination and Russia Preliminary 
Determination.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on February 28, 
2022. Therefore, in accordance with section 733(d) of the Act and our 
practice,\6\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of granular PTFE resin from India and Russia 
entered, or withdrawn from warehouse, for consumption after February 
28, 2022, the final day on which the provisional measures were in 
effect, until and through the day preceding the date of publication of 
the ITC's final affirmative injury determinations in the Federal 
Register. Suspension of liquidation and the collection of cash deposits 
will resume on the date of publication of the ITC's final 
determinations in the Federal Register.
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    \6\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, India, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

India

------------------------------------------------------------------------
                                                                 Cash
                                                   Estimated    deposit
                                                   weighted-     rate
                                                    average    (adjusted
                Exporter/producer                   dumping       for
                                                    margin      subsidy
                                                   (percent)   offsets)
                                                               (percent)
------------------------------------------------------------------------
Gujarat Fluorochemicals Limited.................       13.09       10.01
All Others......................................       13.09       10.01
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Russia

------------------------------------------------------------------------
                                                                 Cash
                                                   Estimated    deposit
                                                   weighted-     rate
                                                    average    (adjusted
                Exporter/producer                   dumping       for
                                                    margin      subsidy
                                                   (percent)   offsets)
                                                               (percent)
------------------------------------------------------------------------
HaloPolymer OJSC \7\............................       17.99       17.36
All Others......................................       17.99       17.36
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Establishment of the Annual Inquiry Service Lists
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    \7\ The final rate applies to subject merchandise produced by 
HaloPolymer Kirovo-Chepetsk, LLC, HaloPolymer Perm, OJSC, and 
Limited Liability Company First Fluoroplastic Plant and exported by 
either Limited Liability Company Trading House HaloPolymer or 
HaloPolymer OJSC.
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    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\8\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\9\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\10\
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    \8\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \9\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \10\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL--Annual Inquiry Service List.'' \11\
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    \11\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \12\ Accordingly, as stated 
above, the petitioners and foreign governments

[[Page 14516]]

should submit their initial entry of appearance after publication of 
this notice in order to appear in the first annual inquiry service list 
for those orders for which they qualify as an interested party. 
Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign 
governments will not need to resubmit their entries of appearance each 
year to continue to be included on the annual inquiry service list. 
However, the petitioners and foreign governments are responsible for 
making amendments to their entries of appearance during the annual 
update to the annual inquiry service list in accordance with the 
procedures described above.
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    \12\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
granular PTFE resin from India and Russia pursuant to section 736(a) of 
the Act. Interested parties can find a list of antidumping duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These antidumping duty orders are published in accordance with 
section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: March 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The product covered by these orders is granular 
polytetrafluoroethylene (PTFE) resin. Granular PTFE resin is covered 
by the scope of these orders whether filled or unfilled, whether or 
not modified, and whether or not containing co-polymer, additives, 
pigments, or other materials. Also included is PTFE wet raw polymer. 
The chemical formula for granular PTFE resin is C2F4, and the 
Chemical Abstracts Service Registry number is 9002-84-0.
    Subject merchandise includes material matching the above 
description that has been finished, packaged, or otherwise processed 
in a third country, including by filling, modifying, compounding, 
packaging with another product, or performing any other finishing, 
packaging, or processing that would not otherwise remove the 
merchandise from the scope of the orders if performed in the country 
of manufacture of the granular PTFE resin.
    The product covered by these orders does not include dispersion 
or coagulated dispersion (also known as fine powder) PTFE.
    PTFE further processed into micropowder, having particle size 
typically ranging from 1 to 25 microns, and a melt-flow rate no less 
than 0.1 gram/10 minutes, is excluded from the scope of these 
orders.
    Granular PTFE resin is classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under subheading 3904.61.0010. 
Subject merchandise may also be classified under HTSUS subheading 
3904.69.5000. Although the HTSUS subheadings and CAS Number are 
provided for convenience and Customs purposes, the written 
description of the scope is dispositive.

[FR Doc. 2022-05420 Filed 3-14-22; 8:45 am]
BILLING CODE 3510-DS-P