83_FR_20127 83 FR 20039 - Polytetrafluoroethylene Resin From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 20039 - Polytetrafluoroethylene Resin From the People's Republic of China: 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 Range20039-20041
FR Document2018-09632

The Department of Commerce (Commerce) preliminarily determines that polytetrafluoroethylene (PTFE) resin from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2017, 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 20039-20041]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09632]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-066]


Polytetrafluoroethylene Resin From the People's Republic of 
China: 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 the People's Republic of 
China (China) is being, or is likely to be, sold in the United States 
at less than fair value (LTFV). The period of investigation (POI) is 
January 1, 2017, through June 30, 2017. Interested parties are invited 
to comment on this preliminary determination.

DATES: Applicable May 7, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Michael Romani, 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) 482-0410 or (202) 
482-0198, 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 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

[[Page 20040]]

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 the People's Republic 
of China: 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 the People's Republic of China,'' 
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 China. 
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\
---------------------------------------------------------------------------

    \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. Export prices were calculated in accordance 
with section 772(a) of the Act; constructed export prices were 
calculated in accordance with section 772(b) of the Act. Because China 
is a non-market economy, within the meaning of section 771(18) of the 
Act, Commerce calculated normal value (NV) in accordance with section 
773(c) of the Act. In addition, pursuant to section 776(a) and (b) of 
the Act, Commerce preliminarily relied on facts otherwise available, 
with adverse inferences, for the China-wide entity. For a full 
description of the methodology underlying Commerce's preliminary 
determination, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\11\ we stated that we would calculate 
producer/exporter combination rates for the respondents that are 
eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\12\ In this investigation, we calculated 
producer/exporter combination rates for respondents eligible for 
separate rates.
---------------------------------------------------------------------------

    \11\ See Initiation Notice at 49591.
    \12\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
             Exporter                     Producer        dumping margin
                                                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Daikin Fluorochemicals (China)      Daikin                         84.75
 Co., Ltd.                           Fluorochemicals
                                     (China) Co., Ltd.
Shandong Dongyue Polymer Material   Shandong Dongyue               69.34
 Co., Ltd.                           Polymer Material
                                     Co., Ltd.
Hangzhou Fine Fluorotech Co., Ltd.  Qingdao Orientalflon           78.74
                                     New Materials Co.,
                                     Ltd.
Hangzhou Fine Fluorotech Co., Ltd.  Zhejiang Juhua Co.,            78.74
                                     Ltd. Fluor-
                                     Polymeric Plant.
Shanghai Huayi 3f New Materials     Shanghai 3f New                78.74
 Sales Co., Ltd.                     Materials Co., Ltd.
China-Wide Entity.................  ....................          208.16
------------------------------------------------------------------------

Suspension of Liquidation

    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 weighted-average amount by which NV exceeds U.S. price, as 
indicated in the chart above as follows: (1) For the exporter/producer 
combinations listed in the table above, the cash deposit rate is equal 
to the estimated weighted-average dumping margin listed for that 
combination in the table; (2) for all combinations of China producers/
exporters of merchandise under consideration that have not established 
eligibility for their own separate rates, the cash deposit rate will be 
equal to the estimated weighted-average dumping margin established for 
the China-wide entity; and (3) for all third-county exporters of 
merchandise under consideration not listed in the table above, the cash 
deposit rate is the cash deposit rate applicable to the China exporter/
producer combination (or the China-wide entity) that supplied that 
third-country exporter.
    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

[[Page 20041]]

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.\13\ Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\14\ 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.
---------------------------------------------------------------------------

    \13\ 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.
    \14\ 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.
    In March 2018, pursuant to 19 CFR 351.210(e), Shandong Dongyue 
Polymer Material Co., Ltd., and Daikin Fluorochemicals (China) Co., 
Ltd., requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\15\ 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 exporters account 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.
---------------------------------------------------------------------------

    \15\ See Letter from Shandong Dongyue Polymer Material Co., 
Ltd., ``PTFE Resin from the People's Republic of China: Request to 
Postpone the Final Results of the Investigation,'' dated March 19, 
2018, and Letter from Daikin Fluorochemicals (China) Co., Ltd., 
``Polytetrafluoroethylene (PTFE) Resin from the People's Republic of 
China: Request to Postpone Final Determination,'' dated March 20, 
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 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. Non-Market Economy Country
    B. Surrogate Country
    C. Surrogate Value Comments
    D. Separate Rates
    E. Dumping Margin for the Separate Rate Companies
    F. Combination Rates
    G. China-Wide Entity
    H. Application of Facts Available and Adverse Inferences
    I. Date of Sale
    J. Comparisons to Fair Value
    K. U.S. Price
    L. Normal Value
    M. Factor Valuation Methodology
    N. Currency Conversion
VIII. Conclusion

[FR Doc. 2018-09632 Filed 5-4-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices                                                      20039

                                               notice of opportunity to request an                     351.212(c)(1)(i). Commerce intends to                 SUMMARY:   The Department of Commerce
                                               administrative review of the AD order                   issue appropriate assessment                          (Commerce) preliminarily determines
                                               on steel wire garment hangers from                      instructions to CBP 15 days after                     that polytetrafluoroethylene (PTFE)
                                               Vietnam for the period February 1,                      publication of this notice in the Federal             resin from the People’s Republic of
                                               2017, through January 31, 2018.1 On                     Register.                                             China (China) is being, or is likely to be,
                                               February 28, 2018, M&B Metal Products                                                                         sold in the United States at less than fair
                                                                                                       Notification to Importers
                                               Company, Inc. (the petitioner), timely                                                                        value (LTFV). The period of
                                               requested a review of the AD order with                   This notice serves as the only                      investigation (POI) is January 1, 2017,
                                               respect to 66 companies.2 On April 16,                  reminder to importers of their                        through June 30, 2017. Interested parties
                                               2018, Commerce initiated an                             responsibility under 19 CFR                           are invited to comment on this
                                               administrative review with respect to                   351.402(f)(2) to file a certificate                   preliminary determination.
                                               these companies, in accordance with                     regarding the reimbursement of                        DATES: Applicable May 7, 2018.
                                               section 751(a) of the Tariff Act of 1930,               antidumping duties prior to liquidation
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               as amended (the Act) and 19 CFR                         of the relevant entries during this
                                                                                                       review period. Failure to comply with                 Thomas Schauer or Michael Romani,
                                               351.221(c)(1)(i).3 On April 24, 2018, the
                                                                                                       this requirement could result in the                  AD/CVD Operations, Office I,
                                               petitioner timely withdrew its request                                                                        Enforcement and Compliance,
                                               for an administrative review of all 66                  presumption that reimbursement of
                                                                                                       antidumping duties occurred and the                   International Trade Administration,
                                               companies listed in the Initiation                                                                            U.S. Department of Commerce, 1401
                                               Notice.4 No other party requested a                     subsequent assessment of doubled
                                                                                                       antidumping duties.                                   Constitution Avenue NW, Washington,
                                               review of these exporters or any other                                                                        DC 20230; telephone: (202) 482–0410 or
                                               exporters of subject merchandise.                       Notification Regarding Administrative                 (202) 482–0198, respectively.
                                               Rescission of Review                                    Protective Order                                      SUPPLEMENTARY INFORMATION:
                                                 Pursuant to 19 CFR 351.213(d)(1),                        This notice also serves as the only
                                                                                                                                                             Background
                                               Commerce will rescind an                                reminder to parties subject to
                                               administrative review, in whole or in                   administrative protective order (APO) of                 This preliminary determination is
                                               part, if the party that requested the                   their responsibility concerning the                   made in accordance with section 733(b)
                                               review withdraws its request within 90                  return or destruction of proprietary                  of the Tariff Act of 1930, as amended
                                               days of the publication date of the                     information disclosed under APO in                    (the Act). Commerce published the
                                               notice of initiation of the requested                   accordance with 19 CFR 351.305(a)(3),                 notice of initiation of this investigation
                                               review. In this case, the petitioner                    which continues to govern business                    on October 26, 2017.1
                                               timely withdrew its requests for review                 proprietary information in this segment                  Commerce exercised its discretion to
                                               within the 90-day deadline. Because                     of the proceeding. Timely written                     toll all deadlines affected by the closure
                                               Commerce received no other requests                     notification of the return or destruction             of the Federal Government from January
                                               for review of the above-referenced                      of APO materials, or conversion to                    20 through 22, 2018.2 Accordingly, the
                                               companies, and no other requests were                   judicial protective order, is hereby                  revised deadline for the preliminary
                                               made for a review of the AD order on                    requested. Failure to comply with the                 determination of this investigation
                                               steel wire garment hangers from                         regulations and the terms of an APO is                became March 12, 2018.3 Subsequently,
                                               Vietnam with respect to other                           a sanctionable violation.                             on February 20, 2018, Commerce
                                               companies, we are rescinding the                           This notice is issued and published in             postponed the preliminary
                                               administrative review covering the                      accordance with sections 751(a)(1) and                determination of this investigation and
                                               period February 1, 2017, through                        777(i)(1) of the Act and 19 CFR                       the revised deadline is now April 30,
                                               January 31, 2018, in its entirety, in                   351.213(d)(4).                                        2018.4 For a complete description of the
                                               accordance with 19 CFR 351.213(d)(1).                     Dated: May 1, 2018.                                 events that followed the initiation of
                                                                                                       James Maeder,
                                                                                                                                                             this investigation, see the Preliminary
                                               Assessment                                                                                                    Decision Memorandum.5 A list of topics
                                                                                                       Associate Deputy Assistant Secretary for
                                                  Commerce will instruct U.S. Customs                  Antidumping and Countervailing Duty
                                                                                                                                                             addressed in the Preliminary Decision
                                               and Border Protection (CBP) to assess                   Operations performing the duties of Deputy            Memorandum is included as Appendix
                                               antidumping duties on all appropriate                   Assistant Secretary for Antidumping and               II to this notice. The Preliminary
                                               entries of steel wire garment hangers                   Countervailing Duty Operations.                       Decision Memorandum is a public
                                               from Vietnam during the POR at rates                    [FR Doc. 2018–09630 Filed 5–4–18; 8:45 am]            document and is on file electronically
                                               equal to the cash deposit rate for                      BILLING CODE 3510–DS–P
                                                                                                                                                             via Enforcement and Compliance’s
                                               estimated antidumping duties required
                                                                                                                                                               1 See Polytetrafluoroethylene Resin from India
                                               at the time of entry, or withdrawal from
                                                                                                                                                             and the People’s Republic of China: Initiation of
                                               warehouse, for consumption, in                          DEPARTMENT OF COMMERCE                                Less-Than-Fair-Value Investigations, 82 FR 49587
                                               accordance with 19 CFR                                                                                        (October 26, 2017) (Initiation Notice).
                                                                                                       International Trade Administration                      2 See Memorandum, ‘‘Deadlines Affected by the
                                                 1 See Antidumping or Countervailing Duty Order,                                                             Shutdown of the Federal Government,’’ dated
                                                                                                       [A–570–066]
                                               Finding, or Suspended Investigation; Opportunity                                                              January 23, 2018. All deadlines in this segment of
                                               to Request Administrative Review, 83 FR 4639                                                                  the proceeding have been extended by 3 days.
                                               (February 1, 2018).                                     Polytetrafluoroethylene Resin From                      3 Id.
                                                 2 See Petitioner’s Letter, ‘‘Steel Wire Garment       the People’s Republic of China:                         4 See Polytetrafluoroethylene Resin from the
daltland on DSKBBV9HB2PROD with NOTICES




                                               Hangers from Vietnam: Request for Fifth                 Preliminary Affirmative Determination                 People’s Republic of China: Postponement of
                                               Administrative Review,’’ dated February 28, 2018.       of Sales at Less Than Fair Value,                     Preliminary Determination of Antidumping Duty
                                                 3 See Initiation of Antidumping and                                                                         Investigation, 83 FR 8423 (February 27, 2018).
                                               Countervailing Duty Administrative Reviews, 83 FR
                                                                                                       Postponement of Final Determination,                    5 See Memorandum, ‘‘Decision Memorandum for
                                               16298 (April 16, 2018) (Initiation Notice).             and Extension of Provisional Measures                 the Preliminary Determination in the Less-Than-
                                                 4 See Petitioner’s Letter, ‘‘Fifth Administrative                                                           Fair-Value Investigation of Polytetrafluoroethylene
                                               Review of Steel Wire Garment Hangers from
                                                                                                       AGENCY:  Enforcement and Compliance,                  Resin from the People’s Republic of China,’’ dated
                                               Vietnam—Petitioner’s Withdrawal of Review               International Trade Administration,                   concurrently with, and hereby adopted by, this
                                               Request,’’ dated April 24, 2018.                        Department of Commerce.                               notice (Preliminary Decision Memorandum).



                                          VerDate Sep<11>2014   17:38 May 04, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\07MYN1.SGM   07MYN1


                                               20040                                    Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices

                                               Antidumping and Countervailing Duty                                  Initiation Notice. For a summary of the                                     (NV) in accordance with section 773(c)
                                               Centralized Electronic Service System                                product coverage comments and                                               of the Act. In addition, pursuant to
                                               (ACCESS). ACCESS is available to                                     rebuttal responses submitted to the                                         section 776(a) and (b) of the Act,
                                               registered users at https://                                         record for this investigation, and                                          Commerce preliminarily relied on facts
                                               access.trade.gov, and to all parties in the                          accompanying discussion and analysis                                        otherwise available, with adverse
                                               Central Records Unit, Room B8024 of                                  of all comments timely received, see the                                    inferences, for the China-wide entity.
                                               the main Department of Commerce                                      Preliminary Scope Decision                                                  For a full description of the
                                               building. In addition, a complete                                    Memorandum.8 See the scope in                                               methodology underlying Commerce’s
                                               version of the Preliminary Decision                                  Appendix I to this notice. The scope                                        preliminary determination, see the
                                               Memorandum can be accessed directly                                  case briefs were due on April 9, 2018,                                      Preliminary Decision Memorandum.
                                               at http://enforcement.trade.gov/frn/.                                30 days after the publication of PTFE
                                                                                                                                                                                                Combination Rates
                                                                                                                    Resin from India CVD.9 There will be no
                                               Scope of the Investigation                                                                                                                         In the Initiation Notice,11 we stated
                                                                                                                    further opportunity for comments on
                                                 The product covered by this                                        scope-related issues.10                                                     that we would calculate producer/
                                               investigation is PTFE resin from China.                                                                                                          exporter combination rates for the
                                               For a complete description of the scope                              Methodology                                                                 respondents that are eligible for a
                                               of this investigation, see Appendix I.                                 Commerce is conducting this                                               separate rate in this investigation. Policy
                                                                                                                    investigation in accordance with section                                    Bulletin 05.1 describes this practice.12
                                               Scope Comments                                                       731 of the Act. Export prices were                                          In this investigation, we calculated
                                                 In accordance with the preamble to                                 calculated in accordance with section                                       producer/exporter combination rates for
                                               Commerce’s regulations,6 the Initiation                              772(a) of the Act; constructed export                                       respondents eligible for separate rates.
                                               Notice set aside a period of time for                                prices were calculated in accordance
                                               parties to raise issues regarding product                            with section 772(b) of the Act. Because                                     Preliminary Determination
                                               coverage (scope).7 Certain interested                                China is a non-market economy, within                                         Commerce preliminarily determines
                                               parties commented on the scope of the                                the meaning of section 771(18) of the                                       that the following estimated weighted-
                                               investigation as it appeared in the                                  Act, Commerce calculated normal value                                       average dumping margins exist:

                                                                                                                                                                                                                                                    Estimated
                                                                                                                                                                                                                                                    weighted-
                                                                                                                                                                                                                                                     average
                                                                                     Exporter                                                                                         Producer                                                       dumping
                                                                                                                                                                                                                                                      margin
                                                                                                                                                                                                                                                   (percent ad
                                                                                                                                                                                                                                                     valorem)

                                               Daikin Fluorochemicals (China) Co., Ltd ...................................                 Daikin Fluorochemicals (China) Co., Ltd ...................................                                    84.75
                                               Shandong Dongyue Polymer Material Co., Ltd .........................                        Shandong Dongyue Polymer Material Co., Ltd .........................                                           69.34
                                               Hangzhou Fine Fluorotech Co., Ltd ...........................................               Qingdao Orientalflon New Materials Co., Ltd ............................                                       78.74
                                               Hangzhou Fine Fluorotech Co., Ltd ...........................................               Zhejiang Juhua Co., Ltd. Fluor-Polymeric Plant ........................                                        78.74
                                               Shanghai Huayi 3f New Materials Sales Co., Ltd ......................                       Shanghai 3f New Materials Co., Ltd ..........................................                                  78.74
                                               China-Wide Entity .......................................................................   .....................................................................................................         208.16



                                               Suspension of Liquidation                                            exceeds U.S. price, as indicated in the                                     exporters of merchandise under
                                                                                                                    chart above as follows: (1) For the                                         consideration not listed in the table
                                                  In accordance with section 733(d)(2)
                                                                                                                    exporter/producer combinations listed                                       above, the cash deposit rate is the cash
                                               of the Act, Commerce will direct U.S.
                                                                                                                    in the table above, the cash deposit rate                                   deposit rate applicable to the China
                                               Customs and Border Protection (CBP) to
                                                                                                                    is equal to the estimated weighted-                                         exporter/producer combination (or the
                                               suspend liquidation of entries of subject
                                                                                                                    average dumping margin listed for that                                      China-wide entity) that supplied that
                                               merchandise as described in Appendix
                                                                                                                    combination in the table; (2) for all                                       third-country exporter.
                                               I entered, or withdrawn from
                                               warehouse, for consumption on or after                               combinations of China producers/                                              These suspension of liquidation
                                               the date of publication of this notice in                            exporters of merchandise under                                              instructions will remain in effect until
                                               the Federal Register, as discussed                                   consideration that have not established                                     further notice.
                                               below. Further, pursuant to section                                  eligibility for their own separate rates,                                   Disclosure
                                               733(d)(1)(B) of the Act and 19 CFR                                   the cash deposit rate will be equal to the
                                               351.205(d), Commerce will instruct CBP                               estimated weighted-average dumping                                            Commerce intends to disclose to
                                               to require a cash deposit equal to the                               margin established for the China-wide                                       interested parties the calculations
                                               weighted-average amount by which NV                                  entity; and (3) for all third-county                                        performed in connection with this
                                                 6 See Antidumping Duties; Countervailing Duties,                   Resin from India CVD), which was Saturday, April                            rebuttal briefs. Commerce does not intend to permit
                                               Final Rule, 62 FR 27296, 27323 (May 19, 1997).                       7, 2018. See the Preliminary Scope Decision                                 arguments about scope-related issues in the
                                                 7 See Initiation Notice.                                           Memorandum at 2. Therefore, the actual deadline                             investigation-specific case and rebuttal briefs
                                                 8 See Memorandum, ‘‘Polytetrafluoroethylene                        for the scope case briefs was Monday, April 9, 2018.                        regarding other issues.’’)
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                                               Resin from India and the People’s Republic of                        See 19 CFR 351.303(b)(1) (‘‘For both electronically                           11 See Initiation Notice at 49591.
                                               China: Scope Comments Decision Memorandum for                        filed and manually filed documents, if the
                                                                                                                                                                                                  12 See Enforcement and Compliance’s Policy
                                               the Preliminary Determinations,’’ dated February                     applicable due date falls on a non-business day, the
                                               28, 2018 (Preliminary Scope Decision                                 Secretary will accept documents that are filed on                           Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                               Memorandum).                                                         the next business day.’’). The deadline for scope                           Practice and Application of Combination Rates in
                                                 9 The scope case briefs were due 30 days after the                 rebuttal briefs was Monday, April 16, 2018.                                 Antidumping Investigations involving Non-Market
                                               publication of Polytetrafluoroethylene Resin from                       10 See Preliminary Scope Decision Memorandum                             Economy Countries,’’ (April 5, 2005) (Policy
                                               India: Preliminary Affirmative Countervailing Duty                   at 3 (‘‘Parties should include all arguments about                          Bulletin 05.1), available on Commerce’s website at
                                               Determination, 83 FR 9842 (March 8, 2018) (PTFE                      scope-related issues in the scope case and scope                            http://enforcement.trade.gov/policy/bull05-1.pdf.



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                                                                                 Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices                                                    20041

                                               preliminary determination within five                   preliminary determination if, in the                    Notification to Interested Parties
                                               days of its public announcement or, if                  event of an affirmative preliminary
                                               there is no public announcement,                                                                                  This determination is issued and
                                                                                                       determination, a request for such
                                               within five days of the date of                                                                                 published in accordance with sections
                                                                                                       postponement is made by exporters who
                                               publication of this notice in accordance                                                                        733(f) and 777(i)(1) of the Act and 19
                                                                                                       account for a significant proportion of
                                               with 19 CFR 351.224(b).                                                                                         CFR 351.205(c).
                                                                                                       exports of the subject merchandise, or in
                                                                                                       the event of a negative preliminary                       Dated: April 30, 2018.
                                               Verification
                                                                                                       determination, a request for such                       Gary Taverman,
                                                  As provided in section 782(i)(1) of the              postponement is made by the                             Deputy Assistant Secretary for Antidumping
                                               Act, Commerce intends to verify                         petitioners. Pursuant to 19 CFR                         and Countervailing Duty Operations,
                                               information relied upon in making its                   351.210(e)(2), Commerce requires that                   performing the non-exclusive functions and
                                               final determination.                                    requests by respondents for                             duties of the Assistant Secretary for
                                                                                                                                                               Enforcement and Compliance.
                                               Public Comment                                          postponement of a final antidumping
                                                                                                       determination be accompanied by a                       Appendix I
                                                  Case briefs or other written comments
                                               may be submitted to the Assistant                       request for extension of provisional                    Scope of the Investigation
                                               Secretary for Enforcement and                           measures from a four-month period to a
                                                                                                                                                                  The product covered by this investigation
                                               Compliance no later than seven days                     period not more than six months in                      is polytetrafluoroethylene (PTFE) resin,
                                               after the date on which the last final                  duration.                                               including but not limited to granular,
                                               verification report is issued in this                      In March 2018, pursuant to 19 CFR                    dispersion, or coagulated dispersion (also
                                               investigation.13 Rebuttal briefs, limited               351.210(e), Shandong Dongyue Polymer                    known as fine powder). PTFE is covered by
                                                                                                                                                               the scope of this investigation whether filled
                                               to issues raised in case briefs, may be                 Material Co., Ltd., and Daikin
                                                                                                                                                               or unfilled, whether or not modified, and
                                               submitted no later than five days after                 Fluorochemicals (China) Co., Ltd.,                      whether or not containing co-polymer
                                               the deadline date for case briefs.14                    requested that Commerce postpone the                    additives, pigments, or other materials. Also
                                               Pursuant to 19 CFR 351.309(c)(2) and                    final determination and that provisional                included is PTFE wet raw polymer. The
                                               (d)(2), parties who submit case briefs or               measures be extended to a period not to                 chemical formula for PTFE is C2F4, and the
                                               rebuttal briefs in this investigation are               exceed six months.15 In accordance with                 Chemical Abstracts Service Registry number
                                               encouraged to submit with each                          section 735(a)(2)(A) of the Act and 19                  is 9002–84–0.
                                               argument: (1) A statement of the issue;                 CFR 351.210(b)(2)(ii), because (1) the                     PTFE further processed into micropowder,
                                               (2) a brief summary of the argument;                                                                            having particle size typically ranging from 1
                                                                                                       preliminary determination is                            to 25 microns, and a melt-flow rate no less
                                               and (3) a table of authorities.                         affirmative; (2) the requesting exporters               than 0.1 gram/10 minutes, is excluded from
                                                  Pursuant to 19 CFR 351.310(c),                       account for a significant proportion of                 the scope of this investigation.
                                               interested parties who wish to request a                exports of the subject merchandise; and                    PTFE is classified in the Harmonized Tariff
                                               hearing, limited to issues raised in the                (3) no compelling reasons for denial                    Schedule of the United States (HTSUS) under
                                               case and rebuttal briefs, must submit a                 exist, Commerce is postponing the final                 subheadings 3904.61.0010 and 3904.61.0090.
                                               written request to the Assistant                        determination and extending the                         Subject merchandise may also be classified
                                               Secretary for Enforcement and                                                                                   under HTSUS subheading 3904.69.5000.
                                                                                                       provisional measures from a four-month
                                               Compliance, U.S. Department of                                                                                  Although the HTSUS subheadings and CAS
                                                                                                       period to a period not greater than six                 Number are provided for convenience and
                                               Commerce, within 30 days after the date                 months. Accordingly, Commerce’s final
                                               of publication of this notice. Requests                                                                         Customs purposes, the written description of
                                                                                                       determination will be published no later                the scope is dispositive.
                                               should contain the party’s name,                        than 135 days after the date of
                                               address, and telephone number, the                      publication of this preliminary                         Appendix II
                                               number of participants, whether any
                                                                                                       determination.                                          List of Topics Discussed in the Preliminary
                                               participant is a foreign national, and a                                                                        Decision Memorandum
                                               list of the issues to be discussed. If a                International Trade Commission
                                                                                                                                                               I. Summary
                                               request for a hearing is made, Commerce                 Notification                                            II. Background
                                               intends to hold the hearing at the U.S.                                                                         III. Period of Investigation
                                               Department of Commerce, 1401                               In accordance with section 733(f) of                 IV. Scope Comments
                                               Constitution Avenue NW, Washington,                     the Act, Commerce will notify the                       V. Product Characteristics
                                               DC 20230, at a time and date to be                      International Trade Commission (ITC) of                 VI. Selection of Respondents
                                               determined. Parties should confirm by                   its preliminary determination of sales at               VII. Discussion of the Methodology
                                               telephone the date, time, and location of               LTFV. If the final determination is                        A. Non-Market Economy Country
                                               the hearing two days before the                         affirmative, the ITC will determine                        B. Surrogate Country
                                               scheduled date.                                         before the later of 120 days after the date                C. Surrogate Value Comments
                                                                                                       of this preliminary determination or 45                    D. Separate Rates
                                               Postponement of Final Determination                                                                                E. Dumping Margin for the Separate Rate
                                                                                                       days after the final determination                            Companies
                                               and Extension of Provisional Measures
                                                                                                       whether imports of the subject                             F. Combination Rates
                                                  Section 735(a)(2) of the Act provides                merchandise are materially injuring, or                    G. China-Wide Entity
                                               that a final determination may be                       threaten material injury to, the U.S.                      H. Application of Facts Available and
                                               postponed until not later than 135 days                 industry.                                                     Adverse Inferences
                                               after the date of the publication of the                                                                           I. Date of Sale
                                                                                                                                                                  J. Comparisons to Fair Value
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                                                                                                          15 See Letter from Shandong Dongyue Polymer
                                                 13 Case  briefs, other written comments, and          Material Co., Ltd., ‘‘PTFE Resin from the People’s         K. U.S. Price
                                               rebuttal briefs should not include scope-related        Republic of China: Request to Postpone the Final           L. Normal Value
                                               issues. See Preliminary Scope Decision                  Results of the Investigation,’’ dated March 19, 2018,      M. Factor Valuation Methodology
                                               Memorandum at 2–3. Parties were already                 and Letter from Daikin Fluorochemicals (China)             N. Currency Conversion
                                               permitted the opportunity to file scope case briefs.    Co., Ltd., ‘‘Polytetrafluoroethylene (PTFE) Resin       VIII. Conclusion
                                               Id.                                                     from the People’s Republic of China: Request to
                                                  14 See 19 CFR 351.309; see also 19 CFR 351.303       Postpone Final Determination,’’ dated March 20,         [FR Doc. 2018–09632 Filed 5–4–18; 8:45 am]
                                               (for general filing requirements).                      2018.                                                   BILLING CODE 3510–DS–P




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Document Created: 2018-05-05 02:47:59
Document Modified: 2018-05-05 02:47:59
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.
ContactThomas Schauer or Michael Romani, 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) 482-0410 or (202) 482-0198, respectively.
FR Citation83 FR 20039 

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