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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices
the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at http
access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/.
Scope of the Investigation The product covered by this investigation is granular PTFE resin from India. For a complete description of the scope of this investigation, see Appendix I.
Scope Comments In accordance with the preamble to Commerces regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage i.e., scope.5 An interested party commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of these comments and the rebuttal response submitted to the record for this preliminary determination, and accompanying discussion and analysis of the comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See scope in Appendix I.
The Preliminary Scope Decision Memorandum establishes the deadline to submit scope case briefs.7 There will be no further opportunity to comment on scope-related issues.

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Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an authority that 3 See Memorandum, Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Granular Polytetrafluoroethylene Resin from India, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 May 19, 1997.
5 See Initiation Notice.
6 See Memorandum, Comments on Scope of Investigations, dated concurrently with this notice Preliminary Scope Decision Memorandum.
7 Id.

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gives rise to a benefit to the recipient, and that the subsidy is specific.8
Commerce notes that in making these preliminary findings, it relied in part on facts available, and because it finds that the Government of India did not act to the best of its ability to respond to Commerces requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.9 For further information, see Use of Facts Otherwise Available and Adverse Inferences in the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances In accordance with section 703e1
of the Act, Commerce preliminarily determines that critical circumstances exist with respect to imports of granular PTFE resin from India for Gujarat Fluorochemicals Limited GFCL and all other exporters or producers not individually examined. For a full description of the methodology and results of Commerces analysis, see the Preliminary Decision Memorandum.
Alignment In accordance with section 705a1
of the Act and 19 CFR 351.210b4, Commerce is aligning the final determination in this countervailing duty CVD investigation with the final determination in the companion antidumping duty AD investigation of granular PTFE resin from India based on a request made by the petitioner.10
Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than November 8, 2021, unless postponed.
All-Others Rate Sections 703d and 705c5A of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act.
Commerce calculated an individual estimated countervailable subsidy rate 8 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
9 See sections 776a and b of the Act.
10 See Petitioners Letter, Request for Alignment, dated April 9, 2021.

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for GFCL, the only individually examined exporter/producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the rate calculated for GFCL is the rate assigned to all other producers and exporters not individually examined in this investigation, pursuant to section 705c5Ai of the Act.
Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist:
Company Gujarat Fluorochemicals Limited 11
All-Others

Subsidy rate percent 4.75
4.75

Suspension of Liquidation In accordance with section 703d1B and d2 of the Act, Commerce will direct U.S. Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR
351.205d, Commerce will instruct CBP
to require a cash deposit equal to the rates indicated above.
Section 703e2 of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of a the date which is 90 days before the date on which the suspension of liquidation was first ordered, or b the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise from India. In accordance with section 703e2A of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise from all exporters and producers of subject merchandise from India that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice.
11 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Gujarat Fluorochemicals Limited: Inox Leasing Finance Limited and Inox Wind Limited.

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