Federal Register - September 2, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
through December 31, 2020. Interested parties are invited to comment on this preliminary determination.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Alexis Cherry or Katherine Johnson, 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 4820607 or 202 4824929, respectively.
SUPPLEMENTARY INFORMATION:
Background This preliminary determination is made in accordance with section 733b of the Tariff Act of 1930, as amended the Act. Commerce published the notice of initiation of this investigation on February 23, 2021.1 On June 11, 2021, Commerce postponed the preliminary determination of this investigation and the deadline is now August 25, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included 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 https
access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/.
lotter on DSK11XQN23PROD with NOTICES1
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.
1 See Granular Polytetrafluoroethylene Resin from India and the Russian Federation: Initiation of LessThan-Fair-Value Investigations, 86 FR 10926
February 23, 2021 Initiation Notice.
2 See Granular Polytetrafluoroethylene Resin from India and the Russian Federation: Postponement of Preliminary Determinations in the Less-Than-FairValue Investigations, 86 FR 31276 June 11, 2021.
3 See Memorandum, Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Granular Polytetrafluoroethylene Resin from India, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
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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 Certain interested parties commented on the scope of this investigation, as published in the Initiation Notice. For a summary of the product coverage comments and rebuttals submitted to the record for this investigation, and accompanying discussion of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice.
No scope case briefs were received prior to the deadline established in the Preliminary Scope Decision Memorandum.7 There will be no further opportunity for comments on scoperelated issues.8
Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772a of the Act.
Constructed export prices have been calculated in accordance with section 772b of the Act. Normal value NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances On June 8, 2021, the petitioner 9
timely filed a critical circumstances allegation, pursuant to section 733e1
of the Act and 19 CFR 351.206c1, 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 May 19, 1997
Preamble.
5 See Initiation Notice.
6 See Memorandum, Granular Polytetrafluoroethylene Resin from India and the Russian Federation: Comments on Scope of Investigations, dated June 28, 2021 Preliminary Scope Decision Memorandum.
7 Id. at 1.
8 Case briefs, other written comments, and rebuttal briefs submitted in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum; see also Public Comment section of this notice.
9 The petitioner is Daikin America, Inc.
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alleging that critical circumstances exist with respect to imports of granular PTFE resin from India.10 In accordance with section 733e of the Act and 19
CFR 351.206, Commerce preliminarily determines that critical circumstances exist with respect to imports of granular PTFE resin from India produced and exported by Gujarat Fluorochemicals Limited GFCL. Furthermore, we preliminarily determine that critical circumstances exist with respect to imports of granular PTFE resin from India produced and exported by all other producers and exporters. For a full description of Commerces preliminary critical circumstances determination, see the Preliminary Decision Memorandum.
All-Others Rate Sections 733d1Aii and 735c5A of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and 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 and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.
In this investigation, Commerce calculated an individual estimated weighted-average dumping margin for GFCL, 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 GFCL is the margin assigned to all other producers and exporters, pursuant to section 735c5A of the Act.
Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist:
10 See Petitioners Letter, Allegation of the Existence of Critical Circumstances, dated June 8, 2021; see also Petitioners Letter, Critical Circumstances Addendum, dated June 16, 2021.
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