83_FR_23520 83 FR 23422 - Polytetrafluoroethylene Resin From India: Final Affirmative Countervailing Duty Determination

83 FR 23422 - Polytetrafluoroethylene Resin From India: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range23422-23424
FR Document2018-10780

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of polytetrafluoroethylene resin (PTFE resin) from India. The period of investigation is April 1, 2016, through March 31, 2017.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23422-23424]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10780]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-880]


Polytetrafluoroethylene Resin From India: Final Affirmative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of polytetrafluoroethylene resin (PTFE resin) from India. The period of 
investigation is April 1, 2016, through March 31, 2017.

DATES: Applicable May 21, 2018.

FOR FURTHER INFORMATION CONTACT: Toby Vandall, Emily Halle, or Aimee 
Phelan, 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-
1664, (202) 482-0176, or (202) 482-0697, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This final determination is made in accordance with section 705 of 
the Tariff Act of 1930, as amended (the Act). Commerce published the 
Preliminary Determination of this investigation on March 8, 2018.\1\ 
For a complete description of the events that followed the publication 
of the Preliminary Determination, see the Issues and Decision 
Memorandum issued concurrently with this notice.\2\ A list of topics 
discussed in the Issues and Decision Memorandum is included as Appendix 
II to this notice. The Issues and 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 http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Issues and Decision Memorandum 
are identical in content.
---------------------------------------------------------------------------

    \1\ See Polytetrafluoroethylene Resin from India: Preliminary 
Affirmative Countervailing Duty Determination, 83 FR 9842 (March 8, 
2018) (Preliminary Determination) and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Determination in the Countervailing Duty Investigation of 
Polytetrafluoroethylene Resin from India,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and 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 Preliminary Scope Decision Memorandum,\3\ 
Commerce provided parties an opportunity to provide comments on all 
issues regarding product coverage, (i.e., scope). Although certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice,\4\ we preliminarily made no 
modifications to the scope of the investigation.\5\ No parties 
commented on our Preliminary Scope Decision Memorandum. As a result, in 
this final determination, we are adopting the preliminary decision not 
to modify the scope language.
---------------------------------------------------------------------------

    \3\ 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).
    \4\ See Polytetrafluoroethylene Resin from India: Initiation of 
Countervailing Duty Investigation, 82 FR 49592 (October 26, 2017) 
(Initiation Notice).
    \5\ See Preliminary Scope Decision Memorandum.
---------------------------------------------------------------------------

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Act. For each of the subsidy programs found countervailable, 
we determine that there is a subsidy, i.e., a financial contribution by 
an ``authority'' that gives rise to a benefit to the recipient, and 
that the subsidy is specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs submitted by the parties, are discussed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised, and to which we responded in the Issues and Decision 
Memorandum, is attached to this notice at Appendix II.

[[Page 23423]]

    In making these findings, we relied, in part, on facts available 
and, because the government of India did not act to the best of its 
ability to respond to our requests for information, we drew an adverse 
inference where appropriate in selecting from among the facts otherwise 
available.\7\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to the respondent's sales figures and subsidy rate 
calculations since the Preliminary Determination. For a discussion of 
these changes, see the Issues and Decision Memorandum and the Final 
Calculation Memorandum.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Final Determination Calculations for 
Gujarat Fluorochemicals Limited,'' dated concurrently with this 
notice (Final Calculation Memorandum).
---------------------------------------------------------------------------

All-Others Rate

    Section 705(c)(5)(A) of the Act provides that in the final 
determination, Commerce shall determine an estimated all-others rate 
for companies not individually examined. This rate shall be an amount 
equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    Commerce calculated an individual estimated countervailable subsidy 
rate for Gujarat Fluorochemicals Limited (GFL),\9\ the only 
individually examined exporter/producer in this investigation. Because 
the only individually calculated rate is not zero, de minimis, or based 
entirely on facts otherwise available, the countervailable subsidy rate 
calculated for GFL is the rate assigned to all-other producers and 
exporters, pursuant to section 705(c)(5)(A)(i) of the Act.
---------------------------------------------------------------------------

    \9\ As discussed in the Preliminary Determination, see 
Preliminary Decision Memorandum at 5-6, Commerce found Inox Leasing 
and Finance Limited to be cross-owned with GFL within the meaning of 
19 CFR 351.525(b)(6)(iii). No parties commented on this preliminary 
finding. Accordingly, our finding of cross-ownership remains 
unchanged for this final determination.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following countervailable subsidy 
rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Gujarat Fluorochemicals Limited (GFL)...................            3.60
All-Others..............................................            3.60
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days of its public announcement of our final determination in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 703(d) of the Act, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all appropriate entries of PTFE resin from India as described in 
Appendix I to this notice, that were entered, or withdrawn from 
warehouse, for consumption, on or after March 8, 2018, the date of 
publication of the Preliminary Determination in the Federal Register. 
Furthermore, we will instruct CBP to require a cash deposit for such 
entries of merchandise at the rates shown above, pursuant to section 
705(c)(1)(B)(ii) of the Act.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our final affirmative countervailing duty (CVD) determination. 
In addition, we are making available to the ITC all non-privileged and 
nonproprietary information related to this investigation. We will allow 
the ITC access to all privileged and business proprietary information 
in our files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order (APO), without the written consent of the Assistant Secretary for 
Enforcement and Compliance.
    Because the final determination in this proceeding is affirmative, 
in accordance with section 705(b) of the Act, the ITC will make its 
final determination regarding whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of PTFE resin from India no later than 45 
days after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, Commerce will issue a CVD order 
directing CBP to assess, upon further instruction by Commerce, 
countervailing duties on all imports of the subject merchandise 
entered, or withdrawn for warehouse, for consumption on or after the 
effective date of the suspension of liquidation, as discussed above in 
the ``Continuation of Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: May 14, 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 Issues and Decision Memorandum

I. Summary
II. Background

[[Page 23424]]

III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
    Comment 1: Whether Commerce is Conducting this Investigation in 
Accordance with its Obligations
    Comment 2: Commerce's Application of AFA for the GOI's Failure 
to Provide Requested Information
    Comment 3: Whether Commerce Should Use GFL's Corrections 
Presented at Verification
    Comment 4: Whether EPCGS Continues to Confer a Countervailable 
Benefit
    Comment 5: Whether the GOI Maintains a Reasonable or Effective 
Input Verification System for AAP
    Comment 6: Whether GFL Has a Reliable AAP Database
    Comment 7: Whether Commerce's Decision to find SHIS 
Countervailable is in Accordance with its Statutory Obligations
    Comment 8: Whether Commerce Should Use GFL's Minor Correction to 
the Electricity Duty Exemption for Wind Power
    Comment 9: Whether GFL Received a Countervailable Benefit from 
SGOG Preferential Water Rates
    Comment 10: Countervailability of Renewable Energy Certificates
    Comment 11: Whether a Tier-One Benchmark is Appropriate for SGOG 
Provision of Land for LTAR
    Comment 12: Whether MEIS is Tied to Non-Subject Merchandise
    Comment 13: Whether GFL Received a Benefit from Income Tax 
Exemption (80-IA) and Section 32AC (32AC) of the Income Tax Act
X. Conclusion

[FR Doc. 2018-10780 Filed 5-18-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                23422                           Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices

                                                subject merchandise entered, or                         purposes, the written description of the              Centralized Electronic Service System
                                                withdrawn from warehouse for                            scope of these proceedings is dispositive.            (ACCESS). ACCESS is available to
                                                consumption on or after June 7, 2017                    [FR Doc. 2018–10880 Filed 5–18–18; 8:45 am]           registered users at http://
                                                (i.e., 90 days prior to the date of the                 BILLING CODE 3510–DS–P                                access.trade.gov, and is available to all
                                                publication of the Turkey Wire Rod                                                                            parties in the Central Records Unit,
                                                Preliminary Determination), but before                                                                        room B8024 of the main Department of
                                                September 5, 2017 (i.e., the date of                    DEPARTMENT OF COMMERCE                                Commerce building. In addition, a
                                                publication of the Turkey Wire Rod                                                                            complete version of the Issues and
                                                Preliminary Determination).                             International Trade Administration                    Decision Memorandum can be accessed
                                                                                                        [C–533–880]                                           directly at http://enforcement.trade.gov/
                                                Notifications to Interested Parties                                                                           frn/. The signed and electronic versions
                                                   This notice constitutes the                          Polytetrafluoroethylene Resin From                    of the Issues and Decision
                                                countervailing duty orders with respect                 India: Final Affirmative Countervailing               Memorandum are identical in content.
                                                to wire rod from Italy and Turkey                       Duty Determination                                    Scope of the Investigation
                                                pursuant to section 706(a) of the Act.                  AGENCY:   Enforcement and Compliance,                   The product covered by this
                                                Interested parties can find a list of                   International Trade Administration,                   investigation is PTFE resin from India.
                                                countervailing duty orders currently in                 Department of Commerce.                               For a complete description of the scope
                                                effect at http://enforcement.trade.gov/                                                                       of this investigation, see Appendix I.
                                                                                                        SUMMARY: The Department of Commerce
                                                stats/iastats1.html.
                                                                                                        (Commerce) determines that                            Scope Comments
                                                   These orders are issued and published                countervailable subsidies are being
                                                in accordance with section 706(a) of the                provided to producers and exporters of                   In accordance with the Preliminary
                                                Act and 19 CFR 351.211(b).                              polytetrafluoroethylene resin (PTFE                   Scope Decision Memorandum,3
                                                  Dated: May 16, 2018.                                  resin) from India. The period of                      Commerce provided parties an
                                                                                                        investigation is April 1, 2016, through               opportunity to provide comments on all
                                                Gary Taverman,
                                                                                                        March 31, 2017.                                       issues regarding product coverage, (i.e.,
                                                Deputy Assistant Secretary, for Antidumping                                                                   scope). Although certain interested
                                                and Countervailing Duty Operations,                     DATES: Applicable May 21, 2018.
                                                                                                                                                              parties commented on the scope of the
                                                performing the non-exclusive functions and              FOR FURTHER INFORMATION CONTACT:
                                                duties of the Assistant Secretary for
                                                                                                                                                              investigation as it appeared in the
                                                                                                        Toby Vandall, Emily Halle, or Aimee                   Initiation Notice,4 we preliminarily
                                                Enforcement and Compliance.                             Phelan, AD/CVD Operations, Office I,                  made no modifications to the scope of
                                                Appendix                                                Enforcement and Compliance,                           the investigation.5 No parties
                                                                                                        International Trade Administration,                   commented on our Preliminary Scope
                                                Scope of the Orders                                     U.S. Department of Commerce, 1401                     Decision Memorandum. As a result, in
                                                   The products covered by these orders are             Constitution Avenue NW, Washington,                   this final determination, we are
                                                certain hot-rolled products of carbon steel             DC 20230; telephone: (202) 482–1664,                  adopting the preliminary decision not to
                                                and alloy steel, in coils, of approximately             (202) 482–0176, or (202) 482–0697,                    modify the scope language.
                                                round cross section, less than 19.00 mm in              respectively.
                                                actual solid cross-sectional diameter.                                                                        Methodology
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                Specifically excluded are steel products                                                                         Commerce conducted this
                                                possessing the above-noted physical                     Background                                            investigation in accordance with section
                                                characteristics and meeting the Harmonized                                                                    701 of the Act. For each of the subsidy
                                                                                                          This final determination is made in
                                                Tariff Schedule of the United States (HTSUS)
                                                                                                        accordance with section 705 of the                    programs found countervailable, we
                                                definitions for (a) stainless steel; (b) tool
                                                steel; (c) high-nickel steel; (d) ball bearing          Tariff Act of 1930, as amended (the Act).             determine that there is a subsidy, i.e., a
                                                steel; or (e) concrete reinforcing bars and             Commerce published the Preliminary                    financial contribution by an ‘‘authority’’
                                                rods. Also excluded are free cutting steel              Determination of this investigation on                that gives rise to a benefit to the
                                                (also known as free machining steel)                    March 8, 2018.1 For a complete                        recipient, and that the subsidy is
                                                products (i.e., products that contain by                description of the events that followed               specific.6
                                                weight one or more of the following                     the publication of the Preliminary                       The subsidy programs under
                                                elements: 0.1 percent or more of lead, 0.05             Determination, see the Issues and                     investigation, and the issues raised in
                                                percent or more of bismuth, 0.08 percent or             Decision Memorandum issued                            the case and rebuttal briefs submitted by
                                                more of sulfur, more than 0.04 percent of               concurrently with this notice.2 A list of             the parties, are discussed in the Issues
                                                phosphorous, more than 0.05 percent of                  topics discussed in the Issues and                    and Decision Memorandum. A list of
                                                selenium, or more than 0.01 percent of                                                                        the issues that parties raised, and to
                                                                                                        Decision Memorandum is included as
                                                tellurium). All products meeting the physical                                                                 which we responded in the Issues and
                                                description of subject merchandise that are             Appendix II to this notice. The Issues
                                                                                                        and Decision Memorandum is a public                   Decision Memorandum, is attached to
                                                not specifically excluded are included in this
                                                                                                        document and is on file electronically                this notice at Appendix II.
                                                scope.
                                                   The products under these orders are                  via Enforcement and Compliance’s                        3 See Memorandum, ‘‘Polytetrafluoroethylene
                                                currently classifiable under subheadings                Antidumping and Countervailing Duty                   Resin from India and the People’s Republic of
                                                7213.91.3011, 7213.91.3015, 7213.91.3020,                                                                     China: Scope Comments Decision Memorandum for
                                                7213.91.3093; 7213.91.4500, 7213.91.6000,                 1 See Polytetrafluoroethylene Resin from India:     the Preliminary Determinations,’’ dated February
                                                7213.99.0030, 7227.20.0030, 7227.20.0080,               Preliminary Affirmative Countervailing Duty           28, 2018 (Preliminary Scope Decision
sradovich on DSK3GMQ082PROD with NOTICES




                                                7227.90.6010, 7227.90.6020, 7227.90.6030,               Determination, 83 FR 9842 (March 8, 2018)             Memorandum).
                                                and 7227.90.6035 of the HTSUS. Products                 (Preliminary Determination) and accompanying            4 See Polytetrafluoroethylene Resin from India:

                                                                                                        Preliminary Decision Memorandum.                      Initiation of Countervailing Duty Investigation, 82
                                                entered under subheadings 7213.99.0090 and                2 See Memorandum, ‘‘Decision Memorandum for         FR 49592 (October 26, 2017) (Initiation Notice).
                                                7227.90.6090 of the HTSUS also may be                                                                           5 See Preliminary Scope Decision Memorandum.
                                                                                                        the Final Determination in the Countervailing Duty
                                                included in this scope if they meet the                 Investigation of Polytetrafluoroethylene Resin from     6 See sections 771(5)(B) and (D) of the Act
                                                physical description of subject merchandise             India,’’ dated concurrently with, and hereby          regarding financial contribution; section 771(5)(E)
                                                above. Although the HTSUS subheadings are               adopted by, this notice (Issues and Decision          of the Act regarding benefit; and section 771(5A) of
                                                provided for convenience and customs                    Memorandum).                                          the Act regarding specificity.



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                                                                                Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices                                                      23423

                                                  In making these findings, we relied, in                                                           Subsidy rate  instruction by Commerce,
                                                                                                                     Company
                                                part, on facts available and, because the                                                            (percent)    countervailing duties on all imports of
                                                government of India did not act to the                                                                            the subject merchandise entered, or
                                                best of its ability to respond to our                   Gujarat Fluorochemicals Lim-                              withdrawn for warehouse, for
                                                requests for information, we drew an                      ited (GFL) ..........................              3.60 consumption on or after the effective
                                                                                                        All-Others ..............................            3.60
                                                adverse inference where appropriate in                                                                            date of the suspension of liquidation, as
                                                selecting from among the facts                                                                                    discussed above in the ‘‘Continuation of
                                                                                                        Disclosure
                                                otherwise available.7 For further                                                                                 Suspension of Liquidation’’ section.
                                                information, see ‘‘Use of Facts                           Commerce intends to disclose its
                                                                                                        calculations and analysis performed to                      Notification Regarding Administrative
                                                Otherwise Available and Adverse
                                                                                                        interested parties in this final                            Protective Orders
                                                Inferences’’ in the Issues and Decision
                                                Memorandum.                                             determination within five days of its                          In the event the ITC issues a final
                                                                                                        public announcement of our final                            negative injury determination, this
                                                Changes Since the Preliminary                           determination in accordance with 19                         notice serves as the only reminder to
                                                Determination                                           CFR 351.224(b).                                             parties subject to an APO of their
                                                   Based on our review and analysis of                                                                              responsibility concerning the
                                                                                                        Continuation of Suspension of
                                                the comments received from parties,                     Liquidation                                                 destruction of proprietary information
                                                and minor corrections presented at                                                                                  disclosed under APO in accordance
                                                verification, we made certain changes to                  In accordance with section 703(d) of                      with 19 CFR 351.305(a)(3). Timely
                                                the respondent’s sales figures and                      the Act, we will instruct U.S. Customs                      written notification of the return or
                                                subsidy rate calculations since the                     and Border Protection (CBP) to continue                     destruction of APO materials, or
                                                Preliminary Determination. For a                        to suspend liquidation of all appropriate                   conversion to judicial protective order,
                                                discussion of these changes, see the                    entries of PTFE resin from India as                         is hereby requested. Failure to comply
                                                Issues and Decision Memorandum and                      described in Appendix I to this notice,                     with the regulations and terms of an
                                                the Final Calculation Memorandum.8                      that were entered, or withdrawn from                        APO is a violation subject to sanction.
                                                                                                        warehouse, for consumption, on or after                        This determination is issued and
                                                All-Others Rate                                         March 8, 2018, the date of publication                      published pursuant to sections 705(d)
                                                   Section 705(c)(5)(A) of the Act                      of the Preliminary Determination in the                     and 777(i) of the Act.
                                                provides that in the final determination,               Federal Register. Furthermore, we will
                                                                                                                                                                      Dated: May 14, 2018.
                                                Commerce shall determine an estimated                   instruct CBP to require a cash deposit
                                                                                                        for such entries of merchandise at the                      Gary Taverman,
                                                all-others rate for companies not
                                                                                                        rates shown above, pursuant to section                      Deputy Assistant Secretary for Antidumping
                                                individually examined. This rate shall                                                                              and Countervailing Duty Operations,
                                                be an amount equal to the weighted                      705(c)(1)(B)(ii) of the Act.
                                                                                                                                                                    performing the non-exclusive functions and
                                                average of the estimated subsidy rates                  U.S. International Trade Commission                         duties of the Assistant Secretary for
                                                established for those companies                         (ITC) Notification                                          Enforcement and Compliance.
                                                individually examined, excluding any
                                                zero and de minimis rates and any rates                    In accordance with section 705(d) of                     Appendix I
                                                based entirely under section 776 of the                 the Act, we will notify the ITC of our
                                                                                                                                                                    Scope of the Investigation
                                                Act.                                                    final affirmative countervailing duty
                                                                                                        (CVD) determination. In addition, we                           The product covered by this investigation
                                                   Commerce calculated an individual                                                                                is polytetrafluoroethylene (PTFE) resin,
                                                estimated countervailable subsidy rate                  are making available to the ITC all non-
                                                                                                                                                                    including but not limited to granular,
                                                for Gujarat Fluorochemicals Limited                     privileged and nonproprietary                               dispersion, or coagulated dispersion (also
                                                (GFL),9 the only individually examined                  information related to this investigation.                  known as fine powder). PTFE is covered by
                                                exporter/producer in this investigation.                We will allow the ITC access to all                         the scope of this investigation whether filled
                                                Because the only individually                           privileged and business proprietary                         or unfilled, whether or not modified, and
                                                calculated rate is not zero, de minimis,                information in our files, provided the                      whether or not containing co-polymer
                                                                                                        ITC confirms that it will not disclose                      additives, pigments, or other materials. Also
                                                or based entirely on facts otherwise                                                                                included is PTFE wet raw polymer. The
                                                available, the countervailable subsidy                  such information, either publicly or
                                                                                                        under an administrative protective order                    chemical formula for PTFE is C2F4, and the
                                                rate calculated for GFL is the rate                                                                                 Chemical Abstracts Service Registry number
                                                assigned to all-other producers and                     (APO), without the written consent of
                                                                                                                                                                    is 9002–84–0.
                                                exporters, pursuant to section                          the Assistant Secretary for Enforcement                        PTFE further processed into micropowder,
                                                705(c)(5)(A)(i) of the Act.                             and Compliance.                                             having particle size typically ranging from 1
                                                                                                           Because the final determination in                       to 25 microns, and a melt-flow rate no less
                                                Final Determination                                     this proceeding is affirmative, in                          than 0.1 gram/10 minutes, is excluded from
                                                  Commerce determines that the                          accordance with section 705(b) of the                       the scope of this investigation.
                                                following countervailable subsidy rates                 Act, the ITC will make its final                               PTFE is classified in the Harmonized Tariff
                                                                                                        determination regarding whether the                         Schedule of the United States (HTSUS) under
                                                exist:
                                                                                                        domestic industry in the United States                      subheadings 3904.61.0010 and 3904.61.0090.
                                                                                                        is materially injured, or threatened with                   Subject merchandise may also be classified
                                                  7 See sections 776(a) and (b) of the Act.                                                                         under HTSUS subheading 3904.69.5000.
                                                  8 See Memorandum, ‘‘Final Determination               material injury, by reason of imports of                    Although the HTSUS subheadings and CAS
                                                Calculations for Gujarat Fluorochemicals Limited,’’     PTFE resin from India no later than 45                      Number are provided for convenience and
                                                dated concurrently with this notice (Final              days after our final determination. If the
sradovich on DSK3GMQ082PROD with NOTICES




                                                Calculation Memorandum).                                                                                            Customs purposes, the written description of
                                                  9 As discussed in the Preliminary Determination,
                                                                                                        ITC determines that material injury or                      the scope is dispositive.
                                                see Preliminary Decision Memorandum at 5–6,             threat of material injury does not exist,
                                                Commerce found Inox Leasing and Finance Limited         the proceeding will be terminated and                       Appendix II
                                                to be cross-owned with GFL within the meaning of        all cash deposits will be refunded. If the                  List of Topics Discussed in the Issues and
                                                19 CFR 351.525(b)(6)(iii). No parties commented on
                                                this preliminary finding. Accordingly, our finding
                                                                                                        ITC determines that such injury does                        Decision Memorandum
                                                of cross-ownership remains unchanged for this final     exist, Commerce will issue a CVD order                      I. Summary
                                                determination.                                          directing CBP to assess, upon further                       II. Background



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                                                23424                           Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices

                                                III. Scope Comments                                     Enforcement and Compliance,                           destruction of proprietary information
                                                IV. Scope of the Investigation                          International Trade Administration,                   disclosed under an APO in accordance
                                                V. Subsidies Valuation                                  U.S. Department of Commerce, 1401                     with 19 CFR 351.305(a)(3). Timely
                                                VI. Benchmarks and Discount Rates
                                                VII. Use of Facts Otherwise Available and
                                                                                                        Constitution Avenue NW, Washington,                   written notification of the return/
                                                      Adverse Inferences                                DC 20230; telephone (202) 482–4793.                   destruction of APO materials or
                                                VIII. Analysis of Programs                              SUPPLEMENTARY INFORMATION:                            conversion to judicial protective order is
                                                IX. Discussion of the Issues                                                                                  hereby requested. Failure to comply
                                                   Comment 1: Whether Commerce is                       Background                                            with the regulations and terms of an
                                                      Conducting this Investigation in                    On January 3, 2018, Commerce                        APO is a violation which is subject to
                                                      Accordance with its Obligations                   published the CVD order on softwood                   sanction.
                                                   Comment 2: Commerce’s Application of                                                                         This notice is issued and published in
                                                      AFA for the GOI’s Failure to Provide
                                                                                                        lumber from Canada.1 Subsequently,
                                                      Requested Information                             Commerce received requests for an                     accordance with 19 CFR 351.214(f)(3)
                                                   Comment 3: Whether Commerce Should                   expedited review from 34 companies. In                and 351.214(k)(3).
                                                      Use GFL’s Corrections Presented at                accordance with 19 CFR 351.214(k),                      Dated: May 15, 2018.
                                                      Verification                                      Commerce initiated an expedited review                James Maeder,
                                                   Comment 4: Whether EPCGS Continues to                of the CVD order on softwood lumber
                                                      Confer a Countervailable Benefit                                                                        Associate Deputy Assistant Secretary for
                                                                                                        from Canada for those companies that                  Antidumping and Countervailing Duty
                                                   Comment 5: Whether the GOI Maintains a
                                                                                                        requested a review and published the                  Operations performing the duties of Deputy
                                                      Reasonable or Effective Input
                                                      Verification System for AAP                       Initiation Notice on March 8, 2018.2                  Assistant Secretary for Antidumping and
                                                   Comment 6: Whether GFL Has a Reliable                  Between March 2 and May 7, 2018,                    Countervailing Duty Operations.
                                                      AAP Database                                      Commerce received letters from 25
                                                                                                                                                              Attachment
                                                   Comment 7: Whether Commerce’s Decision               companies withdrawing their requests
                                                      to find SHIS Countervailable is in                for an expedited review.3 For a listing of              Below is the list of companies that
                                                      Accordance with its Statutory                     the companies that withdrew their                     withdrew their requests for an
                                                      Obligations                                       expedited review requests, see                        expedited review of the countervailing
                                                   Comment 8: Whether Commerce Should                                                                         duty order on softwood lumber from
                                                      Use GFL’s Minor Correction to the
                                                                                                        Attachment to this notice.
                                                      Electricity Duty Exemption for Wind
                                                                                                                                                              Canada.
                                                                                                        Partial Rescission of the Expedited
                                                      Power                                                                                                   (1) Olympic Industries, Inc.
                                                                                                        Review                                                (2) Hainesville Sawmill Ltd.
                                                   Comment 9: Whether GFL Received a
                                                      Countervailable Benefit from SGOG                    Pursuant to 19 CFR 351.214(f)(1),                  (3) Ivor Forest Products Ltd.
                                                      Preferential Water Rates                          Commerce will rescind the expedited                   (4) Haida Forest Products Ltd.
                                                   Comment 10: Countervailability of                    review for any company that withdraws                 (5) Maibec Inc.
                                                      Renewable Energy Certificates                     its request for an expedited review                   (6) Canadian Bavarian Millwork and Lumber
                                                   Comment 11: Whether a Tier-One                                                                             (7) Cedarline Industries Ltd.
                                                                                                        within 60 days after the date of                      (8) Deep Cove Forest Products Inc.
                                                      Benchmark is Appropriate for SGOG
                                                      Provision of Land for LTAR                        publication of the notice of initiation.              (9) Aquila Cedar Products Ltd.
                                                   Comment 12: Whether MEIS is Tied to                  The Initiation Notice for this expedited              (10) Delco Forest Products Ltd.
                                                      Non-Subject Merchandise                           review was published on March 8,                      (11) Devon Lumber Co. Ltd.
                                                   Comment 13: Whether GFL Received a                   2018.4 The withdrawals of review                      (12) H.J. Crabbe & Sons Ltd.
                                                      Benefit from Income Tax Exemption (80–            requests were timely filed within the 60-             (13) Marwood Ltd.
                                                      IA) and Section 32AC (32AC) of the                day deadline. Therefore, in accordance                (14) MP Atlantic Wood Ltd.
                                                      Income Tax Act                                    with 19 CFR 351.214(f)(1), we are                     (15) 752615 B.C. Ltd., Fraserview
                                                X. Conclusion                                                                                                   Remanufacturing Inc., Gillwood Lumber,
                                                                                                        rescinding the expedited review of the
                                                [FR Doc. 2018–10780 Filed 5–18–18; 8:45 am]                                                                     dba Fraserview Cedar Products
                                                                                                        CVD order on softwood lumber from                     (16) Matériaux Blanchet Inc.
                                                BILLING CODE 3510–DS–P
                                                                                                        Canada with respect to the 25                         (17) Central Cedar Ltd.
                                                                                                        companies listed in the Attachment.                   (18) Leslie Forest Products Ltd.
                                                                                                        The expedited review will continue                    (19) Rielly Lumber Inc.
                                                DEPARTMENT OF COMMERCE
                                                                                                        with respect to all other firms for which             (20) Antrim Cedar Corporation
                                                International Trade Administration                      a review was initiated.                               (21) Chaleur Sawmills LP
                                                                                                                                                              (22) North Enderby Timber Ltd.
                                                [C–122–858]                                             Notification Regarding Administrative                 (23) Pacific Lumber Remanufacturing Inc.
                                                                                                        Protective Order                                      (24) Power Wood Corp.
                                                Certain Softwood Lumber Products                          This notice serves as a reminder to                 (25) Canyon Lumber Company Ltd.
                                                From Canada: Partial Rescission of                      parties subject to administrative                     [FR Doc. 2018–10779 Filed 5–18–18; 8:45 am]
                                                Expedited Review of the                                 protective order (APO) of their                       BILLING CODE 3510–DS–P
                                                Countervailing Duty Order                               responsibility concerning the return or
                                                AGENCY:  Enforcement and Compliance,
                                                International Trade Administration,                        1 See Certain Softwood Lumber Products from        DEPARTMENT OF COMMERCE
                                                Department of Commerce.                                 Canada: Amended Final Affirmative Countervailing
                                                                                                        Duty Determination and Countervailing Duty Order,     International Trade Administration
                                                SUMMARY: The Department of Commerce                     83 FR 347 (January 3, 2018).
                                                (Commerce) is partially rescinding the                     2 See Certain Softwood Lumber Products from        [A–570–983]
                                                expedited review of the countervailing                  Canada: Initiation of Expedited Review of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                duty order (CVD) on certain softwood                    Countervailing Duty Order, 83 FR 9833 (March 8,       Drawn Stainless Steel Sinks From the
                                                                                                        2018) (Initiation Notice).                            People’s Republic of China: Final
                                                lumber products (softwood lumber)                          3 The withdrawal of expedited review request
                                                from Canada for the period January 1,                   letters are available via Enforcement and
                                                                                                                                                              Results of the Antidumping Duty
                                                2015, through December 31, 2015.                        Compliance’s Antidumping and Countervailing           Administrative Review; 2016–2017
                                                                                                        Duty Centralized Electronic Service System
                                                DATES: Applicable May 21, 2018.                                                                               AGENCY:  Enforcement and Compliance,
                                                                                                        (ACCESS), which is available at http://
                                                FOR FURTHER INFORMATION CONTACT:                        access.trade.gov.                                     International Trade Administration,
                                                Kristen Johnson, AD/CVD Operations,                        4 See Initiation Notice.                           Department of Commerce.


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Document Created: 2018-11-02 11:07:16
Document Modified: 2018-11-02 11:07:16
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 21, 2018.
ContactToby Vandall, Emily Halle, or Aimee Phelan, 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- 1664, (202) 482-0176, or (202) 482-0697, respectively.
FR Citation83 FR 23422 

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