[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48594-48596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20847]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-879]


Polytetrafluoroethylene Resin From India: Final Affirmative 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of polytetrafluoroethylene (PTFE) resin from India is being, or is 
likely to be, sold in the United States at less than fair value (LTFV). 
The final dumping margins of sales at LTFV are listed in the ``Final 
Determination'' section of this notice.

DATES: Applicable September 26, 2018.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1395.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Determination in the LTFV 
investigation of PTFE resin from India on May 7, 2018.\1\ For a 
complete description of the events that followed the Preliminary 
Determination, see the Issues and Decision Memorandum.\2\
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    \1\ See Polytetrafluoroethylene Resin from India: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 20035 (May 7, 2018) and accompanying Preliminary 
Decision Memorandum (Preliminary Decision Memorandum) (collectively, 
Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less than Fair Value 
Investigation of Polytetrafluoroethylene Resin from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Period of Investigation

    The period of investigation is July 1, 2016, through June 30, 2017.

Scope of the Investigation

    The product covered by this investigation is PTFE resin from India. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation'' in Appendix I of this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by

[[Page 48595]]

parties in this investigation are addressed in the Issues and Decision 
Memorandum. A list of issues raised is attached to this notice at 
Appendix II. The Issues and Decision Memorandum is a public document 
and is made available to the public via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in Commerce's Central Records Unit, 
Room B8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at http://enforcement.trade.gov/frn/.

Verification

    As provided in section 782(i) of the Act, in May and June 2018, we 
conducted verification of the information reported by the mandatory 
respondent Gujarat Fluorochemicals Ltd. (GFL) for use in our final 
determination. We used standard verification procedures, including an 
examination of relevant accounting and production records and original 
source documents provided by the respondents.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
GFL, including the application of facts available with an adverse 
inference pursuant to section 776(b) of the Act.\3\ For a discussion of 
these changes, see the Issues and Decision Memorandum.
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    \3\ See the ``Discussion of the Issues'' section of the Issues 
and Decision Memorandum; see also Memorandum, ``Final Determination 
Analysis Memorandum for Gujarat Fluorochemicals Ltd.,'' (GFL Final 
Analysis Memorandum) dated concurrently with this notice.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that in the final 
determination Commerce shall determine an estimated weighted-average 
dumping margin for all exporters or producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters or producers individually examined, excluding any rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. In this investigation, we determined a calculated rate for GFL, 
the one mandatory respondent in this investigation, that is not zero, 
de minimis, or based entirely on facts otherwise available. 
Consequently, the rate calculated for this respondent is also assigned 
as the rate for all-other producers and exporters in this 
investigation.

Final Determination

    Commerce determines that the following weighted-average dumping 
margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                  Exporter or producer                        average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Gujarat Fluorochemicals Ltd.\4\.........................           22.78
All-Others..............................................           22.78
------------------------------------------------------------------------
 

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
determination or, if there is no public announcement, within five days 
of the date of publication of the notice of final determination in the 
Federal Register, in accordance with 19 CFR 351.224(b).
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    \4\ See GFL Final Analysis Memorandum.
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of PTFE resin from India 
as described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after May 7, 2018, the 
date of publication of the Preliminary Determination of this 
investigation in the Federal Register.
    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 351.210(d), 
Commerce will instruct CBP to require a cash deposit as follows: (1) 
The cash deposit rate for the respondent listed above under the Final 
Determination section will be equal to its estimated weighted-average 
dumping margin; (2) if the exporter is not a respondent identified 
above, but the producer is, then the cash deposit rate will be equal to 
the respondent-specific estimated weighted-average dumping margin 
established for that producer of the subject merchandise; (3) for all 
other producers or exporters of PTFE resin to the United States, the 
cash deposit rate will be equal to the all-others rate. These 
suspension of liquidation instructions will remain in effect until 
further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its final determination. 
Because the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2)(B) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of PTFE resin from India no later than 45 days after 
Commerce's final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated, and all securities posted will be refunded or canceled. 
If the ITC determines that such injury does exist, Commerce will issue 
an antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on appropriate imports of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Order

    This notice will serve as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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 sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: September 19, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The product covered by this investigation is 
polytetrafluoroethylene (PTFE) resin, including but not limited to 
granular, dispersion, or coagulated dispersion (also known as fine 
powder). PTFE is covered by the scope of this investigation whether 
filled or unfilled, whether or not modified, and whether or not 
containing co-polymer

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additives, pigments, or other materials. Also included is PTFE wet 
raw polymer. The chemical formula for PTFE is C2F4, and the Chemical 
Abstracts Service Registry number is 9002-84-0.
    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 this 
investigation.
    PTFE is classified in the Harmonized Tariff Schedule of the 
United States (HTSUS) under subheadings 3904.61.0010 and 
3904.61.0090. 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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Changes Since the Preliminary Determination
V. Use of Adverse Facts Available
VI. Discussion of the Issues
    Comment 1: U.S. Sales of Waste and Fines
    Comment 2: U.S. Warehousing Expenses
    Comment 3: CEP Offset
    Comment 4: Sales and Costs Minor Corrections
    Comment 5: Cost Adjustments
    Comment 6: Low-Pressure Steam
    Comment 7: Power
    Comment 8: Hydrogen Gas
    Comment 9: Chlorine
    Comment 10: Calcium Chloride
    Comment 11: Exclusion of Packing Costs and Byproduct Revenues 
from the COGS Denominator
    Comment 12: Loss on Sale of Raw Material
    Comment 13: Certain Corrections to GFL's Further Manufacturing 
Costs Based on Verification Findings
    Comment 14: Certain Corrections to Commerce's Cost Verification 
Report
VII. Recommendation

[FR Doc. 2018-20847 Filed 9-25-18; 8:45 am]
 BILLING CODE 3510-DS-P