[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74153-74154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23992]


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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

[[Page 74154]]

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\
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    \1\ See Granular Polytetrafluoroethylene Resin from India: Final 
Affirmative Countervailing Duty Determination and Final Affirmative 
Critical Circumstances Determination, 87 FR 3765 (January 25, 2022) 
(Final Determination).
    \2\ See Granular Polytetrafluoroethylene Resin from India and 
the Russian Federation: Countervailing Duty Orders, 87 FR 14509 
(March 15, 2022) (Order).
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    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\
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    \3\ See Gujarat Fluorochemicals Limited v. United States, Court 
No. 22-00120, Slip Op. 23-9 (CIT January 24, 2023).
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    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\
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    \4\ See 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.
    \5\ See Gujarat Fluorochemicals Limited v. United States, Court 
No. 22-00120, Slip Op. 23-151 (CIT October 13, 2023).
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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.
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    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \8\ Commerce has found the following companies to be cross-owned 
with GFCL: Inox Leasing Finance Limited and Inox Wind Limited.
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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:

------------------------------------------------------------------------
                                                               Subsidy
                                                               rate ad
                          Company                              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 all-others 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