83_FR_20123 83 FR 20035 - 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 - Polytetrafluoroethylene Resin From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 88 (May 7, 2018)

Page Range20035-20038
FR Document2018-09633

The Department of Commerce (Commerce) preliminarily determines that polytetrafluoroethylene (PTFE) resin from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2016, through June 30, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 88 (Monday, May 7, 2018)
[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Notices]
[Pages 20035-20038]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09633]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-879]


Polytetrafluoroethylene Resin From India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that polytetrafluoroethylene (PTFE) resin from India is being, or is 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation (POI) is July 1, 2016, through June 30, 
2017. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable May 7, 2018.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Mark Kennedy, 
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 or (202) 
482-7883, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on October 26, 
2017.\1\
---------------------------------------------------------------------------

    \1\ See Polytetrafluoroethylene Resin from India and the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 82 FR 49587 (October 26, 2017) (Initiation Notice).
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 
2018.\2\ Accordingly, the

[[Page 20036]]

revised deadline for the preliminary determination of this 
investigation became March 12, 2018.\3\ Subsequently, on February 20, 
2018, Commerce postponed the preliminary determination of this 
investigation and the revised deadline is now April 30, 2018.\4\ For a 
complete description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\5\ A list of 
topics addressed 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 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by 3 days.
    \3\ Id.
    \4\ See Polytetrafluoroethylene Resin from India: Postponement 
of Preliminary Determination of Antidumping Duty Investigation, 83 
FR 8423 (February 27, 2018).
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Polytetrafluoroethylene Resin from India'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is 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 Commerce's regulations,\6\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\7\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\8\ See the 
scope in Appendix I to this notice. The scope case briefs were due on 
April 9, 2018, 30 days after the publication of PTFE Resin from India 
CVD.\9\ There will be no further opportunity for comments on scope-
related issues.\10\
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    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \7\ See Initiation Notice.
    \8\ See Memorandum, ``Polytetrafluoroethylene Resin from India 
and the People's Republic of China: Scope Comments Decision 
Memorandum for the Preliminary Determinations,'' dated February 28, 
2018 (Preliminary Scope Decision Memorandum).
    \9\ The scope case briefs were due 30 days after the publication 
of Polytetrafluoroethylene Resin from India: Preliminary Affirmative 
Countervailing Duty Determination, 83 FR 9842 (March 8, 2018) (PTFE 
Resin from India CVD), which was Saturday, April 7, 2018. See the 
Preliminary Scope Decision Memorandum at 2. Therefore, the actual 
deadline for the scope case briefs was Monday, April 9, 2018. See 19 
CFR 351.303(b)(1) (``For both electronically filed and manually 
filed documents, if the applicable due date falls on a non-business 
day, the Secretary will accept documents that are filed on the next 
business day.''). The deadline for scope rebuttal briefs was Monday, 
April 16, 2018.
    \10\ See Preliminary Scope Decision Memorandum at 3 (``Parties 
should include all arguments about scope-related issues in the scope 
case and scope rebuttal briefs. Commerce does not intend to permit 
arguments about scope-related issues in the investigation-specific 
case and rebuttal briefs regarding other issues.'')
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying Commerce's 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) 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 examined, excluding all rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In this investigation, Commerce has preliminarily determined a 
calculated rate for Gujarat Fluorochemicals Limited, 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.

Preliminary Determination

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

------------------------------------------------------------------------
                                                           Cash deposit
                                             Estimated    rate (adjusted
                                             weighted-      for export
            Exporter/producer                 average         subsidy
                                          dumping margin      offset)
                                            (percent ad     (percent ad
                                             valorem)        valorem)
------------------------------------------------------------------------
Gujarat Fluorochemicals Limited.........           18.49      \11\ 17.16
All-Others..............................           18.49      \12\ 17.16
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \11\ See Polytetrafluoroethylene Resin from India: Preliminary 
Affirmative Countervailing Duty Determination, 83 FR 9842 (March 8, 
2018) and accompanying Preliminary Decision Memorandum at ``Programs 
Preliminarily Determined to Be Countervailable'' (specifically, 
Export Promotion of Capital Goods Scheme (EPCGS); Advance 
Authorization Program (AAP) aka Advance License Program (ALP); and 
Status Holders Incentive Scrip (SHIS)).
    \12\ Id.
---------------------------------------------------------------------------

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register, as discussed below. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping

[[Page 20037]]

margin or the estimated all-others rate, adjusted for export subsidies, 
as follows: (1) The cash deposit rate for the respondent listed above 
will be equal to the company-specific estimated weighted-average 
dumping margins determined in this preliminary determination, adjusted 
for export subsidies; (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, 
adjusted for export subsidies; and (3) the cash deposit rate for all 
other producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin, adjusted for export subsidies.
    For cash deposits, Commerce normally adjusts the estimated 
weighted-average dumping margins by the amount of export subsidies 
countervailed in a companion countervailing duty (CVD) proceeding, when 
CVD provisional measures are in effect. Accordingly, where Commerce has 
preliminarily made an affirmative determination that there are 
countervailable export subsidies, Commerce has offset the estimated 
weighted-average dumping margin by the appropriate CVD rate 
attributable to export subsidies. Any such cash deposit rate may be 
found in the Preliminary Determination section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping duty cash deposits unadjusted for the countervailable 
export subsidies at the time that the provisional CVD measures 
expire.\13\
---------------------------------------------------------------------------

    \13\ See Polytetrafluoroethylene Resin from India: Preliminary 
Affirmative Countervailing Duty Determination, 83 FR 9842 (March 8, 
2018).
---------------------------------------------------------------------------

    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last final verification report is 
issued in this investigation.\14\ Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.
---------------------------------------------------------------------------

    \14\ Case briefs, other written comments, and rebuttal briefs 
should not include scope-related issues. See Preliminary Scope 
Decision Memorandum at 2-3. Parties were already permitted the 
opportunity to file scope case briefs. Id.
    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of a final antidumping 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On March 28, 2018, pursuant to 19 CFR 351.210(e), GFL requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\16\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) the preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce's 
final determination will be published no later than 135 days after the 
date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \16\ See Letter from GFL, ``Polytetrafluoroethylene (PTFE) Resin 
from India: Gujarat Fluorochemicals Ltd.'s Request to Postpone Final 
Determination,'' dated March 28, 2018.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: April 30, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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

[[Page 20038]]

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 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 Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Product Characteristics
VI. Selection of Respondents
VII. Discussion of the Methodology
    A. Application of Facts Available
    B. Comparisons to Fair Value
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
    A. Comparison Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
XII. Currency Conversion
XIII. Conclusion

[FR Doc. 2018-09633 Filed 5-4-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices                                                      20035

                                               SUMMARY:    The Department of Commerce                  reports on softwood lumber subsidies.                  Constitution Ave. NW, Washington, DC
                                               (Commerce) seeks public comment on                      For example, we will rely on U.S.                      20230.
                                               any subsidies, including stumpage                       imports of softwood lumber and                           Dated: May 1, 2018.
                                               subsidies, provided by certain countries                softwood lumber products during the                    Gary Taverman,
                                               exporting softwood lumber or softwood                   period January 1, 2018 through June 30,
                                                                                                                                                              Deputy Assistant Secretary for Antidumping
                                               lumber products to the United States                    2018, to select the countries subject to               and Countervailing Duty Operations,
                                               during the period July 1, 2017, through                 the next report.                                       performing the non-exclusive functions and
                                               December 31, 2017.                                         Under U.S. trade law, a subsidy exists              duties of the Assistant Secretary for
                                               DATES: Comments must be submitted                       where an authority: (i) Provides a                     Enforcement and Compliance.
                                               within 30 days after publication of this                financial contribution; (ii) provides any              [FR Doc. 2018–09631 Filed 5–4–18; 8:45 am]
                                               notice.                                                 form of income or price support within                 BILLING CODE 3510–DS–P
                                               ADDRESSES: See the Submission of                        the meaning of Article XVI of the GATT
                                               Comments section below.                                 1994; or (iii) makes a payment to a
                                               FOR FURTHER INFORMATION CONTACT:                        funding mechanism to provide a                         DEPARTMENT OF COMMERCE
                                               James Terpstra or Brendan Quinn,                        financial contribution to a person, or
                                                                                                       entrusts or directs a private entity to                International Trade Administration
                                               Office III, Enforcement and Compliance,
                                               International Trade Administration,                     make a financial contribution, if                      [A–533–879]
                                               U.S. Department of Commerce, 1401                       providing the contribution would
                                               Constitution Avenue NW, Washington,                     normally be vested in the government                   Polytetrafluoroethylene Resin From
                                               DC 20230; telephone: (202) 482–3965 or                  and the practice does not differ in                    India: Preliminary Affirmative
                                               (202) 482–5848, respectively.                           substance from practices normally                      Determination of Sales at Less Than
                                                                                                       followed by governments, and a benefit                 Fair Value, Postponement of Final
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       is thereby conferred.1                                 Determination, and Extension of
                                               Background                                                 Parties should include in their                     Provisional Measures
                                                  On June 18, 2008, section 805 of Title               comments: (1) The country which
                                                                                                       provided the subsidy; (2) the name of                  AGENCY:   Enforcement and Compliance,
                                               VIII of the Tariff Act of 1930 (the                                                                            International Trade Administration,
                                               Softwood Lumber Act of 2008) was                        the subsidy program; (3) a brief
                                                                                                       description (no more than 3–4                          Department of Commerce.
                                               enacted into law. Under this provision,
                                                                                                       sentences) of the subsidy program; and                 SUMMARY: The Department of Commerce
                                               the Secretary of Commerce is mandated
                                               to submit to the appropriate                            (4) the government body or authority                   (Commerce) preliminarily determines
                                               Congressional committees a report every                 that provided the subsidy.                             that polytetrafluoroethylene (PTFE)
                                               180 days on any subsidy provided by                                                                            resin from India is being, or is likely to
                                                                                                       Submission of Comments                                 be, sold in the United States at less than
                                               countries exporting softwood lumber or
                                               softwood lumber products to the United                    As specified above, to be assured of                 fair value (LTFV). The period of
                                               States, including stumpage subsidies.                   consideration, comments must be                        investigation (POI) is July 1, 2016,
                                                  Commerce submitted its last subsidy                  received no later than 30 days after the               through June 30, 2017. Interested parties
                                               report on December 16, 2017. As part of                 publication of this notice in the Federal              are invited to comment on this
                                               its newest report, Commerce intends to                  Register. All comments must be                         preliminary determination.
                                               include a list of subsidy programs                      submitted through the Federal                          DATES: Applicable May 7, 2018.
                                               identified with sufficient clarity by the               eRulemaking Portal at http://                          FOR FURTHER INFORMATION CONTACT:
                                               public in response to this notice.                      www.regulations.gov, Docket No. ITA–                   Nicholas Czajkowski or Mark Kennedy,
                                                                                                       2018–0002, unless the commenter does                   AD/CVD Operations, Office I,
                                               Request for Comments                                    not have access to the internet. The                   Enforcement and Compliance,
                                                 Given the large number of countries                   materials in the docket will not be                    International Trade Administration,
                                               that export softwood lumber and                         edited to remove identifying or contact                U.S. Department of Commerce, 1401
                                               softwood lumber products to the United                  information, and Commerce cautions                     Constitution Avenue NW, Washington,
                                               States, we are soliciting public comment                against including any information in an                DC 20230; telephone: (202) 482–1395 or
                                               only on subsidies provided by countries                 electronic submission that the submitter               (202) 482–7883, respectively.
                                               the exports of which accounted for at                   does not want publicly disclosed.                      SUPPLEMENTARY INFORMATION:
                                               least one percent of total U.S. imports of              Attachments to electronic comments
                                               softwood lumber by quantity, as                         will be accepted in Microsoft Word,                    Background
                                               classified under Harmonized Tariff                      Excel, or Adobe PDF formats only.                         This preliminary determination is
                                               Schedule code 4407.1001 (which                            Commenters who do not have access                    made in accordance with section 733(b)
                                               accounts for the vast majority of                       to the internet may submit the original                of the Tariff Act of 1930, as amended
                                               imports), during the period July 1, 2017,               and one electronic copy of each set of                 (the Act). Commerce published the
                                               through December 31, 2017. Official                     comments by mail or hand delivery/                     notice of initiation of this investigation
                                               U.S. import data published by the                       courier.                                               on October 26, 2017.1
                                               United States International Trade                         All comments should be addressed to                     Commerce exercised its discretion to
                                               Commission Tariff and Trade DataWeb                     Gary Taverman, Deputy Assistant                        toll all deadlines affected by the closure
                                               indicate that four countries (Brazil,                   Secretary for Antidumping and                          of the Federal Government from January
                                               Canada, Germany and Sweden)                             Countervailing Duty Operations                         20 through 22, 2018.2 Accordingly, the
daltland on DSKBBV9HB2PROD with NOTICES




                                               exported softwood lumber to the United                  performing the non-exclusive functions
                                               States during that time period in                       and duties of the Assistant Secretary for                1 See Polytetrafluoroethylene Resin from India

                                               amounts sufficient to account for at least              Enforcement and Compliance, Room                       and the People’s Republic of China: Initiation of
                                               one percent of U.S. imports of softwood                                                                        Less-Than-Fair-Value Investigations, 82 FR 49587
                                                                                                       18022, Department of Commerce, 1401                    (October 26, 2017) (Initiation Notice).
                                               lumber products. We intend to rely on                                                                            2 See Memorandum, ‘‘Deadlines Affected by the
                                               similar previous six-month periods to                     1 See section 771(5)(B) of the Tariff Act of 1930,   Shutdown of the Federal Government,’’ dated
                                               identify the countries subject to future                as amended.                                                                                      Continued




                                          VerDate Sep<11>2014   17:38 May 04, 2018   Jkt 244001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\07MYN1.SGM   07MYN1


                                               20036                                        Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices

                                               revised deadline for the preliminary                                        Scope Comments                                                               Commerce’s preliminary determination,
                                               determination of this investigation                                           In accordance with the preamble to                                         see the Preliminary Decision
                                               became March 12, 2018.3 Subsequently,                                       Commerce’s regulations,6 the Initiation                                      Memorandum.
                                               on February 20, 2018, Commerce                                              Notice set aside a period of time for                                        All-Others Rate
                                               postponed the preliminary                                                   parties to raise issues regarding product
                                               determination of this investigation and                                     coverage (scope).7 Certain interested                                          Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                               the revised deadline is now April 30,                                       parties commented on the scope of the                                        of the Act provide that in the
                                               2018.4 For a complete description of the                                    investigation as it appeared in the                                          preliminary determination Commerce
                                               events that followed the initiation of                                      Initiation Notice. For a summary of the                                      shall determine an estimated all-others
                                               this investigation, see the Preliminary                                     product coverage comments and                                                rate for all exporters and producers not
                                               Decision Memorandum.5 A list of topics                                      rebuttal responses submitted to the                                          individually examined. This rate shall
                                               addressed in the Preliminary Decision                                       record for this investigation, and                                           be an amount equal to the weighted
                                               Memorandum is included as Appendix                                          accompanying discussion and analysis                                         average of the estimated weighted-
                                               II to this notice. The Preliminary                                          of all comments timely received, see the                                     average dumping margins established
                                               Decision Memorandum is a public                                             Preliminary Scope Decision                                                   for exporters and producers
                                               document and is on file electronically                                      Memorandum.8 See the scope in                                                individually examined, excluding all
                                               via Enforcement and Compliance’s                                            Appendix I to this notice. The scope                                         rates that are zero, de minimis, or
                                               Antidumping and Countervailing Duty                                         case briefs were due on April 9, 2018,                                       determined entirely under section 776
                                               Centralized Electronic Service System                                       30 days after the publication of PTFE                                        of the Act.
                                               (ACCESS). ACCESS is available to                                            Resin from India CVD.9 There will be no                                        In this investigation, Commerce has
                                                                                                                           further opportunity for comments on                                          preliminarily determined a calculated
                                               registered users at https://
                                                                                                                           scope-related issues.10                                                      rate for Gujarat Fluorochemicals
                                               access.trade.gov, and to all parties in the
                                                                                                                                                                                                        Limited, the one mandatory respondent
                                               Central Records Unit, Room B8024 of                                         Methodology                                                                  in this investigation, that is not zero, de
                                               the main Department of Commerce
                                                                                                                             Commerce is conducting this                                                minimis, or based entirely on facts
                                               building. In addition, a complete                                           investigation in accordance with section                                     otherwise available. Consequently, the
                                               version of the Preliminary Decision                                         731 of the Act. Commerce has                                                 rate calculated for this respondent is
                                               Memorandum can be accessed directly                                         calculated export prices in accordance                                       also assigned as the rate for all-other
                                               at http://enforcement.trade.gov/frn/.                                       with section 772(a) of the Act.                                              producers and exporters in this
                                               Scope of the Investigation                                                  Constructed export prices have been                                          investigation.
                                                                                                                           calculated in accordance with section
                                                 The product covered by this                                               772(b) of the Act. Normal value (NV) is                                      Preliminary Determination
                                               investigation is PTFE resin from India.                                     calculated in accordance with section                                          Commerce preliminarily determines
                                               For a complete description of the scope                                     773 of the Act. For a full description of                                    that the following estimated weighted-
                                               of this investigation, see Appendix I.                                      the methodology underlying                                                   average dumping margins exist:

                                                                                                                                                                                                                               Estimated      Cash deposit
                                                                                                                                                                                                                               weighted-           rate
                                                                                                                                                                                                                                average       (adjusted for
                                                                                                                       Exporter/producer                                                                                        dumping      export subsidy
                                                                                                                                                                                                                                 margin           offset)
                                                                                                                                                                                                                              (percent ad      (percent ad
                                                                                                                                                                                                                                valorem)         valorem)

                                               Gujarat Fluorochemicals Limited .............................................................................................................................                         18.49         11 17.16

                                               All-Others .................................................................................................................................................................          18.49         12 17.16




                                               Suspension of Liquidation                                                   merchandise, as described in Appendix                                        below. Further, pursuant to section
                                                                                                                           I, entered, or withdrawn from                                                733(d)(1)(B) of the Act and 19 CFR
                                                 In accordance with section 733(d)(2)                                      warehouse, for consumption on or after                                       351.205(d), Commerce will instruct CBP
                                               of the Act, Commerce will direct U.S.                                       the date of publication of this notice in                                    to require a cash deposit equal to the
                                               Customs and Border Protection (CBP) to                                      the Federal Register, as discussed                                           estimated weighted-average dumping
                                               suspend liquidation of entries of subject

                                               January 23, 2018. All deadlines in this segment of                          China: Scope Comments Decision Memorandum for                                   10 See Preliminary Scope Decision Memorandum

                                               the proceeding have been extended by 3 days.                                the Preliminary Determinations,’’ dated February                             at 3 (‘‘Parties should include all arguments about
                                                 3 Id.                                                                     28, 2018 (Preliminary Scope Decision                                         scope-related issues in the scope case and scope
                                                 4 See Polytetrafluoroethylene Resin from India:                           Memorandum).                                                                 rebuttal briefs. Commerce does not intend to permit
                                               Postponement of Preliminary Determination of                                   9 The scope case briefs were due 30 days after the                        arguments about scope-related issues in the
                                               Antidumping Duty Investigation, 83 FR 8423                                  publication of Polytetrafluoroethylene Resin from                            investigation-specific case and rebuttal briefs
                                               (February 27, 2018).                                                        India: Preliminary Affirmative Countervailing Duty                           regarding other issues.’’)
                                                 5 See Memorandum, ‘‘Decision Memorandum for                                                                                                               11 See Polytetrafluoroethylene Resin from India:
                                                                                                                           Determination, 83 FR 9842 (March 8, 2018) (PTFE
                                               the Preliminary Determination in the Less-Than-                             Resin from India CVD), which was Saturday, April                             Preliminary Affirmative Countervailing Duty
                                               Fair-Value Investigation of Polytetrafluoroethylene
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                                                                                                                           7, 2018. See the Preliminary Scope Decision                                  Determination, 83 FR 9842 (March 8, 2018) and
                                               Resin from India’’ dated concurrently with, and                             Memorandum at 2. Therefore, the actual deadline                              accompanying Preliminary Decision Memorandum
                                               hereby adopted by, this notice (Preliminary                                 for the scope case briefs was Monday, April 9, 2018.                         at ‘‘Programs Preliminarily Determined to Be
                                               Decision Memorandum).                                                       See 19 CFR 351.303(b)(1) (‘‘For both electronically                          Countervailable’’ (specifically, Export Promotion of
                                                 6 See Antidumping Duties; Countervailing Duties,
                                                                                                                           filed and manually filed documents, if the                                   Capital Goods Scheme (EPCGS); Advance
                                               Final Rule, 62 FR 27296, 27323 (May 19, 1997).                              applicable due date falls on a non-business day, the                         Authorization Program (AAP) aka Advance License
                                                 7 See Initiation Notice.
                                                                                                                           Secretary will accept documents that are filed on                            Program (ALP); and Status Holders Incentive Scrip
                                                 8 See Memorandum, ‘‘Polytetrafluoroethylene
                                                                                                                           the next business day.’’). The deadline for scope                            (SHIS)).
                                               Resin from India and the People’s Republic of                               rebuttal briefs was Monday, April 16, 2018.                                     12 Id.




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                                                                               Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices                                                        20037

                                               margin or the estimated all-others rate,                information relied upon in making its                  351.210(e)(2), Commerce requires that
                                               adjusted for export subsidies, as follows:              final determination.                                   requests by respondents for
                                               (1) The cash deposit rate for the                                                                              postponement of a final antidumping
                                                                                                       Public Comment
                                               respondent listed above will be equal to                                                                       determination be accompanied by a
                                               the company-specific estimated                             Case briefs or other written comments               request for extension of provisional
                                               weighted-average dumping margins                        may be submitted to the Assistant                      measures from a four-month period to a
                                               determined in this preliminary                          Secretary for Enforcement and                          period not more than six months in
                                               determination, adjusted for export                      Compliance no later than seven days                    duration.
                                               subsidies; (2) if the exporter is not a                 after the date on which the last final                    On March 28, 2018, pursuant to 19
                                               respondent identified above, but the                    verification report is issued in this                  CFR 351.210(e), GFL requested that
                                               producer is, then the cash deposit rate                 investigation.14 Rebuttal briefs, limited              Commerce postpone the final
                                               will be equal to the company-specific                   to issues raised in case briefs, may be                determination and that provisional
                                               estimated weighted-average dumping                      submitted no later than five days after                measures be extended to a period not to
                                               margin established for that producer of                 the deadline date for case briefs.15                   exceed six months.16 In accordance with
                                               the subject merchandise, adjusted for                   Pursuant to 19 CFR 351.309(c)(2) and                   section 735(a)(2)(A) of the Act and 19
                                               export subsidies; and (3) the cash                      (d)(2), parties who submit case briefs or              CFR 351.210(b)(2)(ii), because (1) the
                                               deposit rate for all other producers and                rebuttal briefs in this investigation are              preliminary determination is
                                               exporters will be equal to the all-others               encouraged to submit with each                         affirmative; (2) the requesting exporter
                                               estimated weighted-average dumping                      argument: (1) A statement of the issue;                accounts for a significant proportion of
                                               margin, adjusted for export subsidies.                  (2) a brief summary of the argument;                   exports of the subject merchandise; and
                                                  For cash deposits, Commerce                          and (3) a table of authorities.                        (3) no compelling reasons for denial
                                               normally adjusts the estimated                             Pursuant to 19 CFR 351.310(c),                      exist, Commerce is postponing the final
                                               weighted-average dumping margins by                     interested parties who wish to request a               determination and extending the
                                               the amount of export subsidies                          hearing, limited to issues raised in the               provisional measures from a four-month
                                               countervailed in a companion                            case and rebuttal briefs, must submit a                period to a period not greater than six
                                               countervailing duty (CVD) proceeding,                   written request to the Assistant                       months. Accordingly, Commerce’s final
                                               when CVD provisional measures are in                    Secretary for Enforcement and                          determination will be published no later
                                               effect. Accordingly, where Commerce                     Compliance, U.S. Department of                         than 135 days after the date of
                                               has preliminarily made an affirmative                   Commerce, within 30 days after the date                publication of this preliminary
                                               determination that there are                            of publication of this notice. Requests                determination.
                                               countervailable export subsidies,                       should contain the party’s name,
                                                                                                                                                              International Trade Commission
                                               Commerce has offset the estimated                       address, and telephone number, the
                                                                                                                                                              Notification
                                               weighted-average dumping margin by                      number of participants, whether any
                                                                                                       participant is a foreign national, and a                  In accordance with section 733(f) of
                                               the appropriate CVD rate attributable to
                                                                                                       list of the issues to be discussed. If a               the Act, Commerce will notify the
                                               export subsidies. Any such cash deposit
                                                                                                       request for a hearing is made, Commerce                International Trade Commission (ITC) of
                                               rate may be found in the Preliminary
                                                                                                       intends to hold the hearing at the U.S.                its preliminary determination of sales at
                                               Determination section above.
                                                  Should provisional measures in the                   Department of Commerce, 1401                           LTFV. If the final determination is
                                               companion CVD investigation expire                      Constitution Avenue NW, Washington,                    affirmative, the ITC will determine
                                               prior to the expiration of provisional                  DC 20230, at a time and date to be                     before the later of 120 days after the date
                                               measures in this LTFV investigation,                    determined. Parties should confirm by                  of this preliminary determination or 45
                                               Commerce will direct CBP to begin                       telephone the date, time, and location of              days after the final determination
                                               collecting estimated antidumping duty                   the hearing two days before the                        whether imports of the subject
                                               cash deposits unadjusted for the                        scheduled date.                                        merchandise are materially injuring, or
                                               countervailable export subsidies at the                                                                        threaten material injury to, the U.S.
                                                                                                       Postponement of Final Determination                    industry.
                                               time that the provisional CVD measures                  and Extension of Provisional Measures
                                               expire.13                                                                                                      Notification to Interested Parties
                                                  These suspension of liquidation                         Section 735(a)(2) of the Act provides
                                                                                                       that a final determination may be                        This determination is issued and
                                               instructions will remain in effect until                                                                       published in accordance with sections
                                               further notice.                                         postponed until not later than 135 days
                                                                                                       after the date of the publication of the               733(f) and 777(i)(1) of the Act and 19
                                               Disclosure                                              preliminary determination if, in the                   CFR 351.205(c).
                                                 Commerce intends to disclose to                       event of an affirmative preliminary                      Dated: April 30, 2018.
                                               interested parties the calculations                     determination, a request for such                      Gary Taverman,
                                               performed in connection with this                       postponement is made by exporters who                  Deputy Assistant Secretary for Antidumping
                                               preliminary determination within five                   account for a significant proportion of                and Countervailing Duty Operations,
                                               days of its public announcement or, if                  exports of the subject merchandise, or in              performing the non-exclusive functions and
                                               there is no public announcement,                        the event of a negative preliminary                    duties of the Assistant Secretary for
                                                                                                       determination, a request for such                      Enforcement and Compliance.
                                               within five days of the date of
                                               publication of this notice in accordance                postponement is made by the                            Appendix I—Scope of the Investigation
                                               with 19 CFR 351.224(b).                                 petitioners. Pursuant to 19 CFR
                                                                                                                                                                 The product covered by this investigation
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                                               Verification                                              14 Case                                              is polytetrafluoroethylene (PTFE) resin,
                                                                                                                  briefs, other written comments, and
                                                                                                       rebuttal briefs should not include scope-related       including but not limited to granular,
                                                As provided in section 782(i)(1) of the                issues. See Preliminary Scope Decision                 dispersion, or coagulated dispersion (also
                                               Act, Commerce intends to verify                         Memorandum at 2–3. Parties were already
                                                                                                       permitted the opportunity to file scope case briefs.     16 See Letter from GFL, ‘‘Polytetrafluoroethylene
                                                 13 SeePolytetrafluoroethylene Resin from India:       Id.                                                    (PTFE) Resin from India: Gujarat Fluorochemicals
                                               Preliminary Affirmative Countervailing Duty                15 See 19 CFR 351.309; see also 19 CFR 351.303      Ltd.’s Request to Postpone Final Determination,’’
                                               Determination, 83 FR 9842 (March 8, 2018).              (for general filing requirements).                     dated March 28, 2018.



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                                               20038                           Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices

                                               known as fine powder). PTFE is covered by               meeting is for Board members to discuss               reasonably accommodated during the
                                               the scope of this investigation whether filled          recommendations related to the                        meeting, the International Trade
                                               or unfilled, whether or not modified, and               importance of international travel and                Administration may conduct a lottery to
                                               whether or not containing co-polymer
                                                                                                       tourism to the United States. The final               determine the speakers. Speakers are
                                               additives, pigments, or other materials. Also
                                               included is PTFE wet raw polymer. The                   agenda will be posted on the                          requested to submit a written copy of
                                               chemical formula for PTFE is C2F4, and the              Department of Commerce website for                    their prepared remarks by 5:00 p.m.
                                               Chemical Abstracts Service Registry number              the Board at http://trade.gov/ttab at least           EDT on Thursday, May 17, 2018, for
                                               is 9002–84–0.                                           one week in advance of the meeting.                   inclusion in the meeting records and for
                                                  PTFE further processed into micropowder,             DATES: Thursday, May 24, 2018, 3:00                   circulation to the members of the Board.
                                               having particle size typically ranging from 1           p.m.–4:30 p.m. EDT. The deadline for                     In addition, any member of the public
                                               to 25 microns, and a melt-flow rate no less             members of the public to register,                    may submit pertinent written comments
                                               than 0.1 gram/10 minutes, is excluded from                                                                    concerning the Board’s affairs at any
                                                                                                       including requests to make comments
                                               the scope of this investigation.
                                                                                                       during the meeting and for auxiliary                  time before or after the meeting.
                                                  PTFE is classified in the Harmonized Tariff
                                               Schedule of the United States (HTSUS) under             aids, or to submit written comments for               Comments may be submitted to Brian
                                               subheadings 3904.61.0010 and 3904.61.0090.              dissemination prior to the meeting, is                Beall at the contact information
                                               Subject merchandise may also be classified              5:00 p.m. EDT on Thursday, May 17,                    indicated above. To be considered
                                               under HTSUS subheading 3904.69.5000.                    2018.                                                 during the meeting, comments must be
                                               Although the HTSUS subheadings and CAS
                                                                                                       ADDRESSES: The meeting will be held in
                                                                                                                                                             received no later than 5:00 p.m. EDT on
                                               Number are provided for convenience and                                                                       Thursday, May 17, 2018, to ensure
                                               Customs purposes, the written description of            Washington, DC. The exact location will
                                                                                                       be provided by email to registrants.                  transmission to the Board prior to the
                                               the scope is dispositive.                                                                                     meeting. Comments received after that
                                                                                                          Requests to register (including to
                                                                                                       speak or for auxiliary aids) and any                  date and time will be distributed to the
                                               Appendix II—List of Topics Discussed                                                                          members but may not be considered
                                               in the Preliminary Decision                             written comments should be submitted
                                                                                                       to: National Travel and Tourism Office,               during the meeting. Copies of Board
                                               Memorandum                                                                                                    meeting minutes will be available
                                                                                                       U.S. Department of Commerce, 1401
                                               I. Summary                                              Constitution Ave. NW, Room 10003,                     within 90 days of the meeting.
                                               II. Background                                          Washington, DC 20230 or by email to                   Brian Beall,
                                               III. Period of Investigation                            TTAB@trade.gov. Members of the public                 Designated Federal Officer, United States
                                               IV. Scope Comments                                      are encouraged to submit registration                 Travel and Tourism Advisory Board.
                                               V. Product Characteristics                              requests and written comments via
                                               VI. Selection of Respondents                                                                                  [FR Doc. 2018–09642 Filed 5–4–18; 8:45 am]
                                                                                                       email to ensure timely receipt.
                                               VII. Discussion of the Methodology                                                                            BILLING CODE 3510–DR–P
                                                  A. Application of Facts Available                    FOR FURTHER INFORMATION CONTACT:
                                                  B. Comparisons to Fair Value                         Brian Beall, the United States Travel
                                               VIII. Date of Sale                                      and Tourism Advisory Board, National                  DEPARTMENT OF COMMERCE
                                               IX. Product Comparisons                                 Travel and Tourism Office, U.S.
                                               X. Export Price and Constructed Export Price            Department of Commerce, 1401                          International Trade Administration
                                               XI. Normal Value                                        Constitution Ave. NW, Room 10003,
                                                  A. Comparison Market Viability                                                                             [A–552–812]
                                                                                                       Washington, DC 20230; telephone: 202–
                                                  B. Level of Trade                                    482–0140; email: TTAB@trade.gov.
                                                  C. Cost of Production (COP) Analysis                                                                       Steel Wire Garment Hangers From the
                                                  1. Calculation of COP                                SUPPLEMENTARY INFORMATION:                            Socialist Republic of Vietnam:
                                                  2. Test of Comparison Market Sales Prices              Background: The Board advises the                   Rescission of Antidumping Duty
                                                  3. Results of the COP Test                           Secretary of Commerce on matters                      Administrative Review; 2017–2018
                                                  D. Calculation of NV Based on Comparison             relating to the U.S. travel and tourism
                                                     Market Prices                                     industry.                                             AGENCY:  Enforcement and Compliance,
                                               XII. Currency Conversion                                  Public Participation: The meeting will              International Trade Administration,
                                               XIII. Conclusion                                        be open to the public and will be                     Department of Commerce.
                                               [FR Doc. 2018–09633 Filed 5–4–18; 8:45 am]              accessible to people with disabilities.               SUMMARY: The Department of Commerce
                                               BILLING CODE 3510–DS–P                                  Any member of the public requesting to                (Commerce) is rescinding the
                                                                                                       join the meeting is asked to register in              administrative review of the
                                                                                                       advance by the deadline identified                    antidumping duty (AD) order on steel
                                               DEPARTMENT OF COMMERCE                                  under the DATES caption. Requests for                 wire garment hangers from the Socialist
                                                                                                       auxiliary aids must be submitted by the               Republic of Vietnam (Vietnam) for the
                                               International Trade Administration                      registration deadline. Last minute                    period of review (POR) February 1,
                                                                                                       requests will be accepted, but may not                2017, through January 31, 2018.
                                               Meeting of the United States Travel                     be possible to fill. There will be fifteen            DATES: Applicable May 7, 2018.
                                               and Tourism Advisory Board                              (15) minutes allotted for oral comments               FOR FURTHER INFORMATION CONTACT:
                                               AGENCY: International Trade                             from members of the public joining the                Trenton Duncan or Kabir Archuletta,
                                               Administration, U.S. Department of                      meeting. To accommodate as many                       AD/CVD Operations, Office V,
                                               Commerce.                                               speakers as possible, the time for public             Enforcement and Compliance,
                                               ACTION: Notice of an open meeting.                      comments may be limited to three (3)                  International Trade Administration,
                                                                                                       minutes per person. Members of the                    U.S. Department of Commerce, 1401
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                                               SUMMARY:   The United States Travel and                 public wishing to reserve speaking time               Constitution Avenue NW, Washington,
                                               Tourism Advisory Board (Board or                        during the meeting must submit a                      DC 20230; telephone: (202) 482–3539 or
                                               TTAB) will hold a meeting on                            request at the time of registration, as               (202) 482–2593, respectively.
                                               Thursday, May 24, 2018. The Board                       well as the name and address of the
                                               advises the Secretary of Commerce on                    proposed speaker. If the number of                    Background
                                               matters relating to the U.S. travel and                 registrants requesting to make                          On February 1, 2018, Commerce
                                               tourism industry. The purpose of the                    statements is greater than can be                     published in the Federal Register a


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Document Created: 2018-05-05 02:48:28
Document Modified: 2018-05-05 02:48:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable May 7, 2018.
ContactNicholas Czajkowski or Mark Kennedy, 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 or (202) 482-7883, respectively.
FR Citation83 FR 20035 

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