[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3774-3776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01335]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-829]


Granular Polytetrafluoroethylene Resin From the Russian 
Federation: 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 granular polytetrafluoroethylene (PTFE) resin from the Russian 
Federation (Russia) are being, or are likely to be, sold in the United 
States at less than fair value (LTFV).

[[Page 3775]]


DATES: Applicable January 25, 2022.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, 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) 482-3640 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 2, 2021, Commerce published its preliminary 
determination in the LTFV investigation of granular PTFE resin from 
Russia, in which we also postponed the final determination until 
January 18, 2022.\1\ For a complete description of the events that 
followed the Preliminary Determination, see the Issues and Decision 
Memorandum.\2\ 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.
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    \1\ See Granular Polytetrafluoroethylene Resin from the Russian 
Federation: Preliminary Affirmative Determination of Sales at the 
Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures, 86 FR 49297 (September 2, 2021) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Granular Polytetrafluoroethylene Resin from the 
Russian Federation,'' 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 January 1, 2020, through December 
31, 2020.

Scope of the Investigation

    The product covered by this investigation is granular PTFE from 
Russia. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    No interested party commented on the scope of the investigation as 
it appeared in the Preliminary Determination. Therefore, no changes 
were made to the scope of the investigation.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. For a list of the issues raised by interested 
parties and addressed in the Issues and Decision Memorandum, see 
Appendix II to this notice.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\3\
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    \3\ See Commerce's Letter, ``Antidumping Duty Investigation of 
Granular PTFE Resin from Russia: Supplemental Questionnaire in Lieu 
of On-Site Verification,'' dated September 16, 2021.
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Changes Since the Preliminary Determination

    Based on the comments received from interested parties and record 
information, we made no changes to our preliminary weighted-average 
dumping margin calculations for HaloPolymer.\4\ For a discussion of the 
comments received, see the Issues and Decision Memorandum.
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    \4\ HaloPolymer OJSC, HaloPolymer Kirovo-Chepetsk, LLC (HPKC), 
HaloPolymer Perm, OJSC (HPP), HaloPolymer Trading, Inc. (HPTR), 
Limited Liability Company Trading House HaloPolymer (HPTH), and 
Limited Liability Company First Fluoroplastic Plant (FFP) 
(collectively, HaloPolymer).
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. Commerce calculated an individual estimated weighted-average 
dumping margin for HaloPolymer, the only individually examined 
exporter/producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for HaloPolymer is the margin assigned to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                        Estimated      Cash deposit rate
                                    weighted- average    (adjusted for
         Exporter/producer            dumping margin    subsidy offsets)
                                        (percent)          (percent)
------------------------------------------------------------------------
Halopolymer \5\...................              17.99              17.36
All Others........................              17.99              17.36
------------------------------------------------------------------------

Disclosure
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    \5\ The final rate calculated applies to subject merchandise 
produced by HPKC, HPP, and FFP and exported by either HPTH or 
HaloPolymer. See Preliminary Determination, 86 FR 49297, 49298.
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    Normally, Commerce discloses to the parties in a proceeding the 
calculations that it performed in connection with the final 
determination in accordance with 19 CFR 351.224(b). However, because we 
made no changes to our preliminary weighted-average dumping margin 
calculations for HaloPolymer, there are no calculations to disclose for 
this final determination.

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 entries of granular

[[Page 3776]]

PTFE resin from Russia, as described in Appendix I of this notice, 
which are entered, or withdrawn from warehouse, for consumption on or 
after September 2, 2021, the date of publication of the Preliminary 
Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the estimated weighted-average dumping 
margin or the estimated all-others rate, as follows: (1) The cash 
deposit rate for the respondent listed above will be equal to the 
company-specific estimated weighted-average dumping margin determined 
in this final determination; (2) if the exporter is not a respondent 
identified above but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.
    In the event that a countervailing duty (CVD) order is issued, and 
suspension of liquidation is resumed in the companion CVD investigation 
on granular PTFE resin from Russia, Commerce will instruct CBP to 
require, for this antidumping duty (AD) investigation, cash deposits 
adjusted by the amount of export subsidies, as appropriate. These 
adjustments are reflected in the final column of the rate chart, above. 
Until such suspension of liquidation is resumed in the companion CVD 
investigation, and so long as suspension of liquidation continues under 
this AD investigation, the cash deposit rates for this AD investigation 
will be the rates identified in the estimated weighted-average dumping 
margin column in the rate chart, above.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) 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 or sales (or the likelihood of 
sales) for importation of granular PTFE from Russia no later than 45 
days after this final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated, and all cash 
deposits posted will be refunded and suspension of liquidation will be 
lifted. If the ITC determines that such injury does exist, Commerce 
will issue an AD order directing CBP to assess, upon further 
instruction by Commerce, AD duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation, as discussed 
above in the ``Continuation of Suspension of Liquidation'' section.
    In addition, we are making available to the ITC all non-privileged 
and nonproprietary information related to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order (APO), without the written consent of the Assistant 
Secretary for Enforcement and Compliance.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction 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 violation which is subject to sanction.

Notification to Interested Parties

    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: January 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The product covered by this investigation is granular 
polytetrafluoroethylene (PTFE) resin. Granular PTFE resin is covered 
by the scope of this investigation 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 (CAS) 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 investigation if performed in the 
country of manufacture of the granular PTFE resin.
    The product covered by this investigation 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 this 
investigation.
    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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Whether HaloPolymer Failed to Report Complete Costs 
and Whether Adverse Facts Available (AFA) or Facts Available Should 
Be Applied to Determine HaloPolymer's Costs
    Comment 2: Whether HaloPolymer Accurately Reported Price 
Adjustments
IV. Recommendation

[FR Doc. 2022-01335 Filed 1-24-22; 8:45 am]
BILLING CODE 3510-DS-P