83_FR_48777 83 FR 48590 - Polytetrafluoroethylene Resin From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value

83 FR 48590 - Polytetrafluoroethylene Resin From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 187 (September 26, 2018)

Page Range48590-48592
FR Document2018-20846

The Department of Commerce (Commerce) determines that imports of polytetrafluoroethylene (PTFE) resin from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The final dumping margins of sales at LTFV are listed in the ``Final Determination'' section of this notice.

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48590-48592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20846]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-066]


Polytetrafluoroethylene Resin From the People's Republic of 
China: Final Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of polytetrafluoroethylene (PTFE) resin from the People's Republic of 
China (China) are being, or are likely to be, sold in the United States 
at less than fair value (LTFV). The final dumping margins of sales at 
LTFV are listed in the ``Final Determination'' section of this notice.

DATES: Applicable September 26, 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 and (202) 
482-0198, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Determination in the LTFV 
investigation of PTFE resin from China on May 7, 2018.\1\ For a 
complete description of the events that followed the Preliminary 
Determination, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See 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 (May 7, 2018) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
    \2\ See the Memorandum, ``Polytetrafluoroethylene Resin from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Affirmative Determination of Sales at Less Than Fair Value,'' 
dated concurrently with and hereby adopted by this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2017, through June 30, 
2017.

Scope of the Investigation

    The product covered by this investigation is PTFE resin from China. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation'' in Appendix I of this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of issues raised is attached to this 
notice at Appendix II. The Issues and Decision Memorandum is a public 
document and is made available to the public 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 to all parties in Commerce's 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 on the internet at http://enforcement.trade.gov/frn/.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), we verified the U.S. sales and factors of production 
information submitted by Daikin Fluorochemicals (China) Co., Ltd. 
(Daikin), and Shandong Dongyue Polymer Material Co., Ltd. (Dongyue) in 
May 2018 and June 2018.\3\ We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by Daikin and Dongyue.
---------------------------------------------------------------------------

    \3\ See the Reports, ``Verification of the Questionnaire 
Responses of Daikin Fluorochemicals (China) Co., Ltd. in the 
Antidumping Investigation of Polytetrafluoroethylene Resin from the 
People's Republic of China'' dated June 4, 2018 (Daikin CEP 
Verification Report), ``Verification of the Questionnaire Responses 
of Daikin Fluorochemicals (China) Co., Ltd. in the Antidumping 
Investigation of Polytetrafluoroethylene Resin from the People's 
Republic of China'' dated July 10, 2018 (Daikin FOP Verification 
Report), and ``Verification of the Questionnaire Responses of 
Shandong Dongyue Polymer Material Co., Ltd. in the Antidumping 
Investigation of Polytetrafluorethylene Resin from the People's 
Republic of China'' dated July 13, 2018 (Dongyue Verification 
Report).

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

[[Page 48591]]

China-Wide Entity and Use of Adverse Facts Available

    We continue to find that the use of facts available is warranted in 
determining the rate of the China-wide entity pursuant to section 
776(a)(1) and (a)(2)(A)-(C) of the Act.\4\ Further, we found that the 
China-wide entity did not cooperate to the best of its ability to 
comply with our requests for information and, accordingly, we 
determined it appropriate to apply adverse inferences in selecting from 
the facts available, pursuant to section 776(b) of the Act and 19 CFR 
351.308(c).
---------------------------------------------------------------------------

    \4\ See Preliminary Determination and accompanying Preliminary 
Decision Memorandum at 14-17.
---------------------------------------------------------------------------

Changes From the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to our dumping margin calculation 
for Daikin and Dongyue and revised the margins for non-selected 
respondents and the China-wide entity to reflect the revised margins 
for Daikin and Dongyue.\5\
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum for a discussion of these 
changes.
---------------------------------------------------------------------------

Combination Rates

    Consistent with Preliminary Determination \6\ and Policy Bulletin 
05.1,\7\ Commerce calculated combination rates for the respondents that 
are eligible for a separate rate in this investigation.
---------------------------------------------------------------------------

    \6\ See Preliminary Determinations, 83 FR at 20039-40.
    \7\ 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,'' dated April 5, 2005 (Policy Bulletin 05.1), available 
on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
             Exporter                     Producer            dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Daikin Fluorochemicals (China)      Daikin                         91.65
 Co., Ltd.                           Fluorochemicals
                                     (China) Co., Ltd.
Shandong Dongyue Polymer Material   Shandong Dongyue               54.41
 Co., Ltd.                           Polymer Material
                                     Co., Ltd.
Hangzhou Fine Fluorotech Co., Ltd.  Qingdao Orientalflon           77.13
                                     New Materials Co.,
                                     Ltd.
Hangzhou Fine Fluorotech Co., Ltd.  Zhejiang Juhua Co.,            77.13
                                     Ltd. Fluor-
                                     Polymeric Plant.
Shanghai Huayi 3f New Materials     Shanghai 3f New                77.13
 Sales Co., Ltd.                     Materials Co., Ltd.
China-Wide Entity.................  ....................          218.88
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
determination or, if there is no public announcement, within five days 
of the date of publication of the notice of final determination in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of PTFE resin from China, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after May 7, 2018, the 
date of publication of the Preliminary Determination of this 
investigation in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the 
publication of this notice, Commerce will instruct CBP to require a 
cash deposit \8\ equal to the weighted-average amount by which the 
normal value exceeds U.S. price as follows: (1) The cash deposit rate 
for the exporter/producer combinations listed in the table above will 
be the rate identified in the table; (2) for all combinations of 
Chinese exporters/producers of merchandise under consideration that 
have not received their own separate rate above, the cash-deposit rate 
will be the cash deposit rate established for the China-wide entity; 
and (3) for all non-Chinese exporters of merchandise under 
consideration which have not received their own separate rate above, 
the cash-deposit rate will be the cash deposit rate applicable to the 
Chinese exporter/producer combination that supplied that non-Chinese 
exporter. These suspension of liquidation instructions will remain in 
effect until further notice.
---------------------------------------------------------------------------

    \8\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of subject 
merchandise from China no later than 45 days after our final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Order

    This notice will serve as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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 sanctionable violation.

[[Page 48592]]

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: September 19, 2018.
Christian Marsh,
Deputy 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 resin 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 resin wet raw polymer. The chemical formula 
for PTFE resin is C2F4, and the Chemical Abstracts Service (CAS) 
Registry number is 9002-84-0.
    PTFE resin 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 resin 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
III. Scope Comments
IV. Surrogate Country
V. Separate Rates
VI. China-Wide Rate
VII. Changes Since the Preliminary Determination
VIII. Discussion of the Issues
    a. Daikin Fluorochemicals (China) Co., Ltd.
    1. Unreported U.S. Sales
    2. Ocean Freight Expenses
    3. Factor of Production of a Certain Input
    4. Surrogate Value for R-22
    5. Surrogate Financial Ratios
    b. Separate Rate Eligibility
IX. Recommendation

[FR Doc. 2018-20846 Filed 9-25-18; 8:45 am]
BILLING CODE 3510-DS-P



                                               48590                   Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices

                                               customs purposes; however, the written                  is hereby requested. Failure to comply                Period of Investigation
                                               description of the scope is dispositive.5               with the regulations and terms of an
                                                                                                       APO is a violation which is subject to                   The period of investigation is January
                                               Analysis of Comments Received                                                                                 1, 2017, through June 30, 2017.
                                                                                                       sanction.
                                                  A complete discussion of all issues                     We are issuing and publishing the                  Scope of the Investigation
                                               raised in this sunset review, specifically              results and notice in accordance with
                                               the likelihood of continuation or                       sections 751(c), 752(c), and 777(i)(1) of               The product covered by this
                                               recurrence of dumping and the                           the Act and 19 CFR 351.218.                           investigation is PTFE resin from China.
                                               magnitude of the margin likely to                                                                             For a full description of the scope of this
                                                                                                         Dated: September 19, 2018.
                                               prevail if the Order were to be revoked,                                                                      investigation, see the ‘‘Scope of the
                                               is provided in the accompanying Issues                  Christian Marsh,                                      Investigation’’ in Appendix I of this
                                               and Decision Memorandum, which is                       Deputy Assistant Secretary for Enforcement            notice.
                                               hereby adopted by this notice.6 The                     and Compliance.
                                               Issues and Decision Memorandum is a                     [FR Doc. 2018–20844 Filed 9–25–18; 8:45 am]           Analysis of Comments Received
                                               public document and is on file                          BILLING CODE 3510–DS–P                                   All issues raised in the case and
                                               electronically via Enforcement and                                                                            rebuttal briefs that were submitted by
                                               Compliance’s Antidumping and                                                                                  parties in this investigation are
                                               Countervailing Duty Centralized                         DEPARTMENT OF COMMERCE                                addressed in the Issues and Decision
                                               Electronic Service System (ACCESS).                                                                           Memorandum. A list of issues raised is
                                               ACCESS is available to registered users                 International Trade Administration
                                                                                                                                                             attached to this notice at Appendix II.
                                               at http://access.trade.gov and in the                   [A–570–066]                                           The Issues and Decision Memorandum
                                               Central Records Unit, room B8024 of the                                                                       is a public document and is made
                                               main Department of Commerce                             Polytetrafluoroethylene Resin From                    available to the public via Enforcement
                                               building. In addition, a complete                       the People’s Republic of China: Final                 and Compliance’s Antidumping and
                                               version of the Issues and Decision                      Affirmative Determination of Sales at                 Countervailing Duty Centralized
                                               Memorandum can be accessed at http://                   Less Than Fair Value                                  Electronic Service System (ACCESS).
                                               enforcement.trade.gov/frn/. The signed                                                                        ACCESS is available to registered users
                                                                                                       AGENCY:  Enforcement and Compliance,
                                               Issues and Decision Memorandum and                                                                            at http://access.trade.gov and to all
                                                                                                       International Trade Administration,
                                               the electronic version of the Issues and                                                                      parties in Commerce’s Central Records
                                               Decision Memorandum are identical in                    Department of Commerce.
                                                                                                       SUMMARY: The Department of Commerce
                                                                                                                                                             Unit, room B8024 of the main
                                               content.                                                                                                      Department of Commerce building. In
                                                                                                       (Commerce) determines that imports of
                                               Final Results of Sunset Review                          polytetrafluoroethylene (PTFE) resin                  addition, a complete version of the
                                                                                                       from the People’s Republic of China                   Issues and Decision Memorandum can
                                                  Pursuant to sections 751(c)(1) and
                                               752(c)(1) and (3) of the Act, we                        (China) are being, or are likely to be,               be accessed directly on the internet at
                                               determine that revocation of the Order                  sold in the United States at less than fair           http://enforcement.trade.gov/frn/.
                                               would likely lead to continuation or                    value (LTFV). The final dumping                       Verification
                                               recurrence of dumping, and that the                     margins of sales at LTFV are listed in
                                               magnitude of the dumping margins                        the ‘‘Final Determination’’ section of                  As provided in section 782(i) of the
                                               likely to prevail would be weighted-                    this notice.                                          Tariff Act of 1930, as amended (the Act),
                                               average dumping margins up to 154.07                                                                          we verified the U.S. sales and factors of
                                                                                                       DATES: Applicable September 26, 2018.
                                               percent.7                                                                                                     production information submitted by
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      Daikin Fluorochemicals (China) Co.,
                                               Notification Regarding Administrative                   Thomas Schauer or Michael Romani,                     Ltd. (Daikin), and Shandong Dongyue
                                               Protective Orders                                       AD/CVD Operations, Office I,                          Polymer Material Co., Ltd. (Dongyue) in
                                                 This notice serves as the only                        Enforcement and Compliance,                           May 2018 and June 2018.3 We used
                                               reminder to parties subject to                          International Trade Administration,                   standard verification procedures,
                                               administrative protective order (APO) of                U.S. Department of Commerce, 1401                     including an examination of relevant
                                               their responsibility concerning the                     Constitution Avenue NW, Washington,                   accounting and production records, and
                                               return or destruction of proprietary                    DC 20230; telephone: (202) 482–0410                   original source documents provided by
                                               information disclosed under APO in                      and (202) 482–0198, respectively.                     Daikin and Dongyue.
                                               accordance with 19 CFR 351.305.                         SUPPLEMENTARY INFORMATION:
                                               Timely notification of the return or                    Background                                            and Decision Memorandum for the Final
                                               destruction of APO materials or                                                                               Affirmative Determination of Sales at Less Than
                                               conversion to judicial protective orders                  Commerce published the Preliminary                  Fair Value,’’ dated concurrently with and hereby
                                                                                                       Determination in the LTFV investigation               adopted by this notice (Issues and Decision
                                                                                                                                                             Memorandum).
                                                 5 For the complete scope language, see ‘‘Issues       of PTFE resin from China on May 7,                      3 See the Reports, ‘‘Verification of the
                                               and Decision Memorandum for the Expedited First         2018.1 For a complete description of the              Questionnaire Responses of Daikin Fluorochemicals
                                               Sunset Review of the Antidumping Duty Order on          events that followed the Preliminary                  (China) Co., Ltd. in the Antidumping Investigation
                                               Xanthan Gum from the People’s Republic of                                                                     of Polytetrafluoroethylene Resin from the People’s
                                               China,’’ (Issues and Decision Memorandum), dated
                                                                                                       Determination, see the Issues and
                                                                                                                                                             Republic of China’’ dated June 4, 2018 (Daikin CEP
                                               concurrently with and hereby adopted by this            Decision Memorandum.2                                 Verification Report), ‘‘Verification of the
                                               notice.                                                                                                       Questionnaire Responses of Daikin Fluorochemicals
daltland on DSKBBV9HB2PROD with NOTICES




                                                 6 See Issues and Decision Memorandum.                   1 See Polytetrafluoroethylene Resin from the
                                                                                                                                                             (China) Co., Ltd. in the Antidumping Investigation
                                                 7 See Xanthan Gum from the People’s Republic of       People’s Republic of China: Preliminary Affirmative   of Polytetrafluoroethylene Resin from the People’s
                                               China: Final Determination of Sales at Less Than        Determination of Sales at Less Than Fair Value,       Republic of China’’ dated July 10, 2018 (Daikin FOP
                                               Fair Value, 78 FR 33351 (June 4, 2013) (Final           Postponement of Final Determination, and              Verification Report), and ‘‘Verification of the
                                               Determination), unchanged in Xanthan Gum from           Extension of Provisional Measures, 83 FR 20039        Questionnaire Responses of Shandong Dongyue
                                               the People’s Republic of China: Amended Final           (May 7, 2018) (Preliminary Determination) and         Polymer Material Co., Ltd. in the Antidumping
                                               Determination of Sales at Less Than Fair Value and      accompanying Preliminary Decision Memorandum.         Investigation of Polytetrafluorethylene Resin from
                                               Antidumping Duty Order, 78 FR 43143 (July 19,             2 See the Memorandum, ‘‘Polytetrafluoroethylene     the People’s Republic of China’’ dated July 13, 2018
                                               2013) (Order).                                          Resin from the People’s Republic of China: Issues     (Dongyue Verification Report).



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                                                                              Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices                                                                                           48591

                                               China-Wide Entity and Use of Adverse                                 facts available, pursuant to section                                        Combination Rates
                                               Facts Available                                                      776(b) of the Act and 19 CFR 351.308(c).
                                                                                                                                                                                                  Consistent with Preliminary
                                                  We continue to find that the use of                               Changes From the Preliminary                                                Determination 6 and Policy Bulletin
                                               facts available is warranted in                                      Determination                                                               05.1,7 Commerce calculated
                                               determining the rate of the China-wide                                 Based on our analysis of the                                              combination rates for the respondents
                                               entity pursuant to section 776(a)(1) and                             comments received and our findings at                                       that are eligible for a separate rate in
                                               (a)(2)(A)–(C) of the Act.4 Further, we                               verification, we made certain changes to                                    this investigation.
                                               found that the China-wide entity did not                             our dumping margin calculation for
                                               cooperate to the best of its ability to                              Daikin and Dongyue and revised the                                          Final Determination
                                               comply with our requests for                                         margins for non-selected respondents                                          Commerce determines that the
                                               information and, accordingly, we                                     and the China-wide entity to reflect the                                    following weighted-average dumping
                                               determined it appropriate to apply                                   revised margins for Daikin and                                              margins exist:
                                               adverse inferences in selecting from the                             Dongyue.5

                                                                                                                                                                                                                                                   Estimated
                                                                                                                                                                                                                                                   weighted-
                                                                                                                                                                                                                                                    average
                                                                                     Exporter                                                                                         Producer                                                     dumping
                                                                                                                                                                                                                                                    margin
                                                                                                                                                                                                                                                   (percent)

                                               Daikin Fluorochemicals (China) Co., Ltd ...................................                 Daikin Fluorochemicals (China) Co., Ltd ...................................                                   91.65
                                               Shandong Dongyue Polymer Material Co., Ltd .........................                        Shandong Dongyue Polymer Material Co., Ltd .........................                                          54.41
                                               Hangzhou Fine Fluorotech Co., Ltd ...........................................               Qingdao Orientalflon New Materials Co., Ltd ............................                                      77.13
                                               Hangzhou Fine Fluorotech Co., Ltd ...........................................               Zhejiang Juhua Co., Ltd. Fluor-Polymeric Plant ........................                                       77.13
                                               Shanghai Huayi 3f New Materials Sales Co., Ltd ......................                       Shanghai 3f New Materials Co., Ltd ..........................................                                 77.13
                                               China-Wide Entity .......................................................................   .....................................................................................................        218.88



                                               Disclosure                                                           in the table above will be the rate                                         subject merchandise from China no later
                                                 We intend to disclose the calculations                             identified in the table; (2) for all                                        than 45 days after our final
                                               performed to parties in this proceeding                              combinations of Chinese exporters/                                          determination. If the ITC determines
                                               within five days after public                                        producers of merchandise under                                              that such injury does not exist, this
                                               announcement of the final                                            consideration that have not received                                        proceeding will be terminated, and all
                                               determination or, if there is no public                              their own separate rate above, the cash-                                    securities posted will be refunded or
                                               announcement, within five days of the                                deposit rate will be the cash deposit rate                                  canceled. If the ITC determines that
                                               date of publication of the notice of final                           established for the China-wide entity;                                      such injury does exist, Commerce will
                                               determination in the Federal Register,                               and (3) for all non-Chinese exporters of                                    issue an antidumping duty order
                                               in accordance with 19 CFR 351.224(b).                                merchandise under consideration which                                       directing CBP to assess, upon further
                                                                                                                    have not received their own separate                                        instruction by Commerce, antidumping
                                               Continuation of Suspension of                                        rate above, the cash-deposit rate will be                                   duties on all imports of the subject
                                               Liquidation                                                          the cash deposit rate applicable to the                                     merchandise entered, or withdrawn
                                                  In accordance with section                                        Chinese exporter/producer combination                                       from warehouse, for consumption on or
                                               735(c)(1)(B) of the Act, Commerce will                               that supplied that non-Chinese exporter.                                    after the effective date of the suspension
                                               instruct U.S. Customs and Border                                     These suspension of liquidation                                             of liquidation.
                                               Protection (CBP) to continue to suspend                              instructions will remain in effect until
                                               liquidation of all entries of PTFE resin                             further notice.                                                             Notification Regarding Administrative
                                               from China, as described in Appendix I                               International Trade Commission                                              Protective Order
                                               of this notice, which were entered, or                               Notification
                                               withdrawn from warehouse, for                                                                                                                      This notice will serve as a reminder
                                               consumption on or after May 7, 2018,                                    In accordance with section 735(d) of                                     to the parties subject to administrative
                                               the date of publication of the                                       the Act, we will notify the International                                   protective order (APO) of their
                                               Preliminary Determination of this                                    Trade Commission (ITC) of our final                                         responsibility concerning the
                                               investigation in the Federal Register.                               affirmative determination of sales at                                       disposition of proprietary information
                                                  Pursuant to section 735(c)(1)(B)(ii) of                           LTFV. Because the final determination                                       disclosed under APO in accordance
                                               the Act, upon the publication of this                                in this proceeding is affirmative, in                                       with 19 CFR 351.305(a)(3). Timely
                                               notice, Commerce will instruct CBP to                                accordance with section 735(b)(2) of the                                    written notification of return or
                                               require a cash deposit 8 equal to the                                Act, the ITC will make its final                                            destruction of APO materials or
                                               weighted-average amount by which the                                 determination as to whether the                                             conversion to judicial protective order is
                                               normal value exceeds U.S. price as                                   domestic industry in the United States                                      hereby requested. Failure to comply
                                               follows: (1) The cash deposit rate for the                           is materially injured, or threatened with                                   with the regulations and terms of an
                                               exporter/producer combinations listed                                material injury, by reason of imports of                                    APO is a sanctionable violation.
daltland on DSKBBV9HB2PROD with NOTICES




                                                  4 See Preliminary Determination and                                 7 See Enforcement and Compliance’s Policy                                   8 See Modification of Regulations Regarding the

                                               accompanying Preliminary Decision Memorandum                         Bulletin No. 05.1, regarding, ‘‘Separate-Rates                              Practice of Accepting Bonds During the Provisional
                                               at 14–17.                                                            Practice and Application of Combination Rates in                            Measures Period in Antidumping and
                                                  5 See Issues and Decision Memorandum for a                        Antidumping Investigations involving Non-Market                             Countervailing Duty Investigations, 76 FR 61042
                                               discussion of these changes.                                         Economy Countries,’’ dated April 5, 2005 (Policy                            (October 3, 2011).
                                                  6 See Preliminary Determinations, 83 FR at                        Bulletin 05.1), available on Commerce’s website at
                                               20039–40.                                                            http://enforcement.trade.gov/policy/bull05-1.pdf.



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                                               48592                   Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices

                                                 This determination is issued and                      DEPARTMENT OF COMMERCE                                accordance with section 751 of the
                                               published in accordance with sections                                                                         Tariff Act of 1930, as amended (the Act).
                                               735(d) and 777(i)(1) of the Act and 19                  International Trade Administration
                                                                                                                                                             Scope of the Order
                                               CFR 351.210(c).                                         [A–351–845]
                                                 Dated: September 19, 2018.                                                                                     The products covered by this order
                                               Christian Marsh,                                        Certain Hot-Rolled Steel Flat Products                are certain hot-rolled steel flat products
                                               Deputy Assistant Secretary for Enforcement              From Brazil: Final Results of                         from Brazil. For a complete description
                                               and Compliance.                                         Antidumping Duty Administrative                       of the scope of this order, please refer
                                                                                                       Review; 2016–2017                                     to the Appendix to this notice.
                                               Appendix I
                                                                                                       AGENCY:   Enforcement and Compliance,                 Methodology
                                               Scope of the Investigation
                                                                                                       International Trade Administration,
                                                  The product covered by this investigation            Department of Commerce.                                  In the Preliminary Results, Commerce
                                               is polytetrafluoroethylene (PTFE) resin,                                                                      relied upon facts otherwise available
                                                                                                       SUMMARY: The Department of Commerce
                                               including but not limited to granular,                                                                        with adverse inferences (AFA) to
                                               dispersion, or coagulated dispersion (also              (Commerce) determines that certain hot-
                                               known as fine powder). PTFE resin is                    rolled carbon steel flat products from                determine an antidumping margin for
                                               covered by the scope of this investigation              Brazil are being, or are likely to be, sold           CSN because this mandatory respondent
                                               whether filled or unfilled, whether or not              at less than normal value during the                  did not respond to Commerce’s
                                               modified, and whether or not containing co-             period of review (POR), March 22, 2016,               antidumping duty questionnaire.
                                               polymer additives, pigments, or other                   through September 30, 2017.                           Because no parties commented on the
                                               materials. Also included is PTFE resin wet                                                                    Preliminary Results, we are adopting in
                                               raw polymer. The chemical formula for PTFE              DATES: Applicable September 26, 2018.
                                                                                                                                                             these final results of review the
                                               resin is C2F4, and the Chemical Abstracts               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             decisions outlined in the Preliminary
                                               Service (CAS) Registry number is 9002–84–               Jessica Pomper or Peter Zukowski, AD/
                                               0.                                                                                                            Results. In accordance with the U.S.
                                                                                                       CVD Operations, Office I, Enforcement
                                                  PTFE resin further processed into                                                                          Court of Appeals for the Federal
                                                                                                       and Compliance, International Trade
                                               micropowder, having particle size typically                                                                   Circuit’s decision in Albemarle Corp. v.
                                                                                                       Administration, U.S. Department of
                                               ranging from 1 to 25 microns, and a melt-                                                                     United States,2 we are applying to the
                                               flow rate no less than 0.1 gram/10 minutes,             Commerce, 1401 Constitution Avenue
                                                                                                                                                             non-selected respondents the adjusted
                                               is excluded from the scope of this                      NW, Washington, DC 20230; telephone:
                                                                                                                                                             dumping margin we are applying to
                                               investigation.                                          (202) 482–9122 or (202) 482–0189,
                                                                                                                                                             CSN in this administrative review.3 This
                                                  PTFE resin is classified in the Harmonized           respectively.
                                               Tariff Schedule of the United States (HTSUS)                                                                  is the only margin determined in this
                                                                                                       SUPPLEMENTARY INFORMATION:                            review for an individual respondent,
                                               under subheadings 3904.61.0010 and
                                               3904.61.0090. Subject merchandise may also              Background                                            and thus, it is applicable to the non-
                                               be classified under HTSUS subheading                                                                          selected respondents under section
                                               3904.69.5000. Although the HTSUS                          The review covers six producers and/                735(c)(5)(B) of the Act.
                                               subheadings and CAS Number are provided                 or exporters of the subject merchandise.
                                               for convenience and Customs purposes, the               Commerce selected one mandatory                       Adverse Facts Available
                                               written description of the scope is                     respondent, Companhia Siderurgica
                                               dispositive.                                            Nacional (CSN), for individual                          Pursuant to section 776(a) and (b) of
                                                                                                       examination. The producers/exporters                  the Act, Commerce relied upon AFA to
                                               Appendix II                                                                                                   determine an antidumping margin for
                                                                                                       that were not selected for individual
                                               List of Topics Discussed in the Issues and              examination are listed in the ‘‘Final                 CSN because this respondent did not
                                               Decision Memorandum                                                                                           respond to Commerce’s antidumping
                                                                                                       Results of the Review’’ section of this
                                               I. Summary                                              notice.                                               duty questionnaire. For a complete
                                               II. Background                                            On July 13, 2018, Commerce                          explanation of the analysis underlying
                                               III. Scope Comments                                                                                           the application of AFA, see Preliminary
                                               IV. Surrogate Country
                                                                                                       published the Preliminary Results.1
                                                                                                       Although we invited parties to comment                Results.
                                               V. Separate Rates
                                               VI. China-Wide Rate                                     on the preliminary results of the review,             Final Results of the Review
                                               VII. Changes Since the Preliminary                      no interested party submitted
                                                     Determination                                     comments. Accordingly, we are                           As a result of this review, we are
                                               VIII. Discussion of the Issues                          adopting unchanged the Preliminary                    assigning a dumping margin to the
                                                  a. Daikin Fluorochemicals (China) Co., Ltd.          Results for these final results and no                respondents for the period March 22,
                                                  1. Unreported U.S. Sales                                                                                   2016, through September 30, 2017, as
                                                                                                       decision memorandum accompanies
                                                  2. Ocean Freight Expenses
                                                  3. Factor of Production of a Certain Input           this Federal Register notice. Commerce                follows:
                                                  4. Surrogate Value for R–22                          conducted this administrative review in
                                                                                                                                                               2 See Albemarle Corp. v. United States, 821 F.3d
                                                  5. Surrogate Financial Ratios
                                                  b. Separate Rate Eligibility                           1 See Certain Hot-Rolled Steel Flat Products from   1345 (Fed. Cir. 2016).
                                                                                                       Brazil: Preliminary Results of the Antidumping          3 See, e.g., Diamond Sawblades and Parts Thereof
                                               IX. Recommendation
                                                                                                       Duty Administrative Review; 2016–2017, 83 FR          from the People’s Republic of China: Final Results
                                               [FR Doc. 2018–20846 Filed 9–25–18; 8:45 am]             32632 (July 13, 2018) (Preliminary Results) and       of Antidumping Duty Administrative Review; 2015–
                                               BILLING CODE 3510–DS–P                                  accompanying Preliminary Decision Memorandum.         2016, 83 FR 17527 (April 20, 2018).
daltland on DSKBBV9HB2PROD with NOTICES




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Document Created: 2018-09-26 00:46:45
Document Modified: 2018-09-26 00:46:45
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 September 26, 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 and (202) 482-0198, respectively.
FR Citation83 FR 48590 

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