83_FR_8462 83 FR 8423 - Polytetrafluoroethylene Resin From India and the People's Republic of China: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations

83 FR 8423 - Polytetrafluoroethylene Resin From India and the People's Republic of China: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range8423-8424
FR Document2018-03921

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8423-8424]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03921]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-879, A-570-066]


Polytetrafluoroethylene Resin From India and the People's 
Republic of China: Postponement of Preliminary Determinations in the 
Less-Than-Fair-Value Investigations

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


DATES: Applicable February 27, 2018.

FOR FURTHER INFORMATION CONTACT: Mark Kennedy at (202) 482-7883 
(India), and Thomas Schauer at (202) 482-0410 (the People's Republic of 
China (China)), AD/CVD Operations, Office I, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On October 18, 2017, the Department of Commerce (Commerce) 
initiated less-than-fair-value (LTFV) investigations of imports of 
polytetrafluoroethylene (PTFE) resin from India and the People's 
Republic of China.\1\ Commerce exercised its discretion to toll all 
deadlines affected by the closure of the Federal Government from 
January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day. The revised deadline for the preliminary 
results of these investigations is March 12, 2018.\2\
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    \1\ See Polytetrafluoroethylene Resin from India and the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 82 FR 49587 (October 26, 2017) (Initiation Notice).
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018 (Tolling Memorandum). 
All deadlines in this segment of the proceeding have been extended 
by 3 days.
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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in a 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1)(A)(b)(1) of the 
Act permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitione \3\ makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
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    \3\ The petitioner is The Chemours Company FC LLC.
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    On February 12, 2018, the petitioner submitted a timely request 
that Commerce postpone the preliminary determination in the LTFV 
investigation.\4\ The petitioner stated that it requests postponement 
of the preliminary determinations of these investigations for the 
following reasons: the respondents selected for individual examination 
have requested and been granted extensions of time to file responses to 
the original questionnaire, which necessarily have delayed the filing 
of deficiency comments by the petitioner; and additionally, Commerce 
has only begun to issue supplemental questionnaires, and there will not 
be sufficient time for the petitioner to review and respond to these 
questionnaires prior to the current date of the preliminary 
determination.\5\
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    \4\ See Letters from the petitioner, ``Polytetrafluoroethylene 
(PTFE) Resin from India: Petitioner's Request to Postpone the 
Antidumping Investigation Preliminary Determination,'' dated 
February 12, 2018 and ``Polytetrafluoroethylene (PTFE) Resin from 
the People's Republic of China: Petitioner's Request to Postpone the 
Antidumping Investigation Preliminary Determination,'' dated 
February 12, 2018 (Requests for Postponement).
    \5\ See Requests for Postponement at 2.
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    For the reasons stated above and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determination by 50 days (i.e., 190 days after the date on which this 
investigation was initiated). As a result, Commerce will issue its 
preliminary determination no later than April 30, 2018. In accordance 
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the 
deadline for the final determination of this investigation will 
continue to be 75 days after the date of publication of the preliminary 
determination, unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).


[[Page 8424]]


    Dated: February 20, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-03921 Filed 2-26-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices                                                     8423

                                               DEPARTMENT OF COMMERCE                                  DEPARTMENT OF COMMERCE                                investigation if: (A) The petitione 3
                                                                                                                                                             makes a timely request for a
                                               International Trade Administration                      International Trade Administration                    postponement; or (B) Commerce
                                                                                                                                                             concludes that the parties concerned are
                                               [A–351–825; A–351–847]                                  [A–533–879, A–570–066]                                cooperating, that the investigation is
                                                                                                                                                             extraordinarily complicated, and that
                                               Stainless Steel Bar From Brazil; and                    Polytetrafluoroethylene Resin From                    additional time is necessary to make a
                                               Certain Carbon and Alloy Steel Cut-to-                  India and the People’s Republic of                    preliminary determination. Under 19
                                               Length Plate From Brazil: Correction to                 China: Postponement of Preliminary                    CFR 351.205(e), the petitioner must
                                               the Opportunity To Request                              Determinations in the Less-Than-Fair-                 submit a request for postponement 25
                                               Administrative Review Notice                            Value Investigations                                  days or more before the scheduled date
                                                                                                                                                             of the preliminary determination and
                                                                                                       AGENCY:  Enforcement and Compliance,                  must state the reasons for the request.
                                               AGENCY:  Enforcement and Compliance,                    International Trade Administration,
                                               International Trade Administration,                                                                           Commerce will grant the request unless
                                                                                                       Department of Commerce.                               it finds compelling reasons to deny the
                                               Department of Commerce.
                                                                                                       DATES:   Applicable February 27, 2018.                request.
                                               FOR FURTHER INFORMATION CONTACT:                                                                                 On February 12, 2018, the petitioner
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               Brenda E. Waters, AD/CVD Operations,                                                                          submitted a timely request that
                                                                                                       Mark Kennedy at (202) 482–7883                        Commerce postpone the preliminary
                                               Customs Liaison Unit, Enforcement and                   (India), and Thomas Schauer at (202)
                                               Compliance, International Trade                                                                               determination in the LTFV
                                                                                                       482–0410 (the People’s Republic of                    investigation.4 The petitioner stated that
                                               Administration, U.S. Department of                      China (China)), AD/CVD Operations,                    it requests postponement of the
                                               Commerce, 1401 Constitution Avenue                      Office I, Enforcement and Compliance,                 preliminary determinations of these
                                               NW, Washington, DC 20230; telephone:                    International Trade Administration,                   investigations for the following reasons:
                                               (202) 482–4735.                                         U.S. Department of Commerce, 1401                     the respondents selected for individual
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       Constitution Avenue NW, Washington,                   examination have requested and been
                                                                                                       DC 20230.                                             granted extensions of time to file
                                               Background                                              SUPPLEMENTARY INFORMATION:                            responses to the original questionnaire,
                                                  On February 1, 2018, the Department                                                                        which necessarily have delayed the
                                                                                                       Background
                                                                                                                                                             filing of deficiency comments by the
                                               published its opportunity to request
                                                                                                          On October 18, 2017, the Department                petitioner; and additionally, Commerce
                                               administrative review of the
                                                                                                       of Commerce (Commerce) initiated less-                has only begun to issue supplemental
                                               antidumping duty orders and                             than-fair-value (LTFV) investigations of              questionnaires, and there will not be
                                               incorrectly listed the case number for                  imports of polytetrafluoroethylene                    sufficient time for the petitioner to
                                               stainless steel bar from Brazil and                     (PTFE) resin from India and the People’s              review and respond to these
                                               inadvertently listed the wrong period of                Republic of China.1 Commerce                          questionnaires prior to the current date
                                               review (POR) for certain carbon and                     exercised its discretion to toll all                  of the preliminary determination.5
                                               alloy steel cut-to-length plate from                    deadlines affected by the closure of the                 For the reasons stated above and
                                               Brazil. The correct case number for                     Federal Government from January 20                    because there are no compelling reasons
                                               stainless steel bar from Brazil is A–351–               through 22, 2018. If the new deadline                 to deny the request, Commerce, in
                                               825; and the correct POR for certain                    falls on a non-business day, in                       accordance with section 733(c)(1)(A) of
                                               carbon and alloy steel cut-to-length                    accordance with Commerce’s practice,                  the Act, is postponing the deadline for
                                               plate from Brazil is September 22, 2016,                the deadline will become the next                     the preliminary determination by 50
                                               through January 31, 2018.1                              business day. The revised deadline for                days (i.e., 190 days after the date on
                                                                                                       the preliminary results of these                      which this investigation was initiated).
                                                  This notice serves as a correction                                                                         As a result, Commerce will issue its
                                               notice.                                                 investigations is March 12, 2018.2
                                                                                                                                                             preliminary determination no later than
                                                 Dated: January 21, 2018.                              Postponement of Preliminary                           April 30, 2018. In accordance with
                                               James Maeder,
                                                                                                       Determination                                         section 735(a)(1) of the Act and 19 CFR
                                               Associate Deputy Assistant Secretary for                   Section 733(b)(1)(A) of the Tariff Act             351.210(b)(1), the deadline for the final
                                               Antidumping and Countervailing Duty                     of 1930, as amended (the Act), requires               determination of this investigation will
                                               Operations performing the duties of Deputy              Commerce to issue the preliminary                     continue to be 75 days after the date of
                                               Assistant Secretary for Antidumping and                 determination in a LTFV investigation                 publication of the preliminary
                                               Countervailing Duty Operations.                         within 140 days after the date on which               determination, unless postponed at a
                                               [FR Doc. 2018–03920 Filed 2–26–18; 8:45 am]             Commerce initiated the investigation.                 later date.
                                                                                                       However, section 733(c)(1)(A)(b)(1) of                   This notice is issued and published
                                               BILLING CODE 3510–DS–P
                                                                                                       the Act permits Commerce to postpone                  pursuant to section 733(c)(2) of the Act
                                                                                                       the preliminary determination until no                and 19 CFR 351.205(f)(1).
                                                                                                       later than 190 days after the date on                    3 The petitioner is The Chemours Company FC
                                                                                                       which Commerce initiated the                          LLC.
                                                                                                                                                                4 See Letters from the petitioner,
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                                                                                                         1 See Polytetrafluoroethylene Resin from India      ‘‘Polytetrafluoroethylene (PTFE) Resin from India:
                                                                                                       and the People’s Republic of China: Initiation of     Petitioner’s Request to Postpone the Antidumping
                                                                                                       Less-Than-Fair-Value Investigations, 82 FR 49587      Investigation Preliminary Determination,’’ dated
                                                                                                       (October 26, 2017) (Initiation Notice).               February 12, 2018 and ‘‘Polytetrafluoroethylene
                                                                                                         2 See Memorandum, ‘‘Deadlines Affected by the       (PTFE) Resin from the People’s Republic of China:
                                                 1 See Antidumping or Countervailing Duty Order,
                                                                                                       Shutdown of the Federal Government,’’ dated           Petitioner’s Request to Postpone the Antidumping
                                               Finding, or Suspended Investigation; Opportunity        January 23, 2018 (Tolling Memorandum). All            Investigation Preliminary Determination,’’ dated
                                               To Request Administrative Review, 83 FR 4639            deadlines in this segment of the proceeding have      February 12, 2018 (Requests for Postponement).
                                               (February 1, 2018).                                     been extended by 3 days.                                 5 See Requests for Postponement at 2.




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                                               8424                           Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices

                                                 Dated: February 20, 2018.                                responses to these requests on February                  domestic industry because the
                                               Christian Marsh,                                           8 and February 13, 2018.4 On February                    petitioner is an interested party as
                                               Deputy Assistant Secretary for Enforcement                 16, 2018, based on a telephone                           defined in section 771(9)(C) of the Act.
                                               and Compliance.                                            conversation between Commerce and                        Commerce also finds that the petitioner
                                               [FR Doc. 2018–03921 Filed 2–26–18; 8:45 am]                counsel to the petitioner, the petitioner                demonstrated sufficient industry
                                               BILLING CODE 3510–DS–P                                     agreed to certain clarifications to the                  support with respect to the initiation of
                                                                                                          scope.5                                                  the AD investigations that the petitioner
                                                                                                             In accordance with section 732(b) of                  is requesting.6
                                               DEPARTMENT OF COMMERCE                                     the Tariff Act of 1930, as amended (the
                                                                                                          Act), the petitioner alleges that imports                Periods of Investigation
                                               International Trade Administration                         of rubber bands from China, Sri Lanka,                     Because the Petitions were filed on
                                                                                                          and Thailand are being, or are likely to                 January 30, 2018, pursuant to 19 CFR
                                               [A–570–069, A–542–802, and A–549–835]
                                                                                                          be, sold in the United States at less than               351.204(b)(1), the period of
                                               Rubber Bands From the People’s                             fair value within the meaning of section                 investigation (POI) for the Sri Lanka and
                                               Republic of China, Sri Lanka, and                          731 of the Act, and that such imports                    Thailand investigations is January 1,
                                               Thailand: Initiation of Less-Than-Fair-                    are materially injuring, or threatening                  2017, through December 31, 2017.
                                               Value Investigations                                       material injury to, the domestic industry                Because China is a non-market economy
                                                                                                          producing rubber bands in the United                     (NME) country, pursuant to 19 CFR
                                               AGENCY:   Enforcement and Compliance,                      States. Consistent with section 732(b)(1)                351.204(b)(1), the POI for the China
                                               International Trade Administration,                        of the Act, the Petitions are                            investigation is July 1, 2017, through
                                               Department of Commerce.                                    accompanied by information reasonably                    December 31, 2017.
                                               DATES: Applicable February 20, 2018.                       available to the petitioner supporting its               Scope of the Investigations
                                               FOR FURTHER INFORMATION CONTACT: Paul                      allegations.
                                               Stolz at (202) 482–4474 and Stephanie                         Commerce finds that the petitioner                      The products covered by these
                                               Berger at (202) 482–2483 (the People’s                     filed the Petitions on behalf of the                     investigations are rubber bands from
                                               Republic of China (China)); Cindy                                                                                   China, Sri Lanka, and Thailand. For a
                                               Robinson at (202) 482–3797 (Sri Lanka);                    from Sri Lanka: Supplemental Questions’’ (Sri            full description of the scope of these
                                               and Laurel LaCivita at (202) 482–4243
                                                                                                          Lanka AD Supplemental Questionnaire); and                investigations, see the Appendix to this
                                                                                                          ‘‘Petition for the Imposition of Antidumping Duties      notice.
                                               and Joseph Degreenia at (202) 482–6030                     on Imports of Rubber Bands from Thailand:
                                               (Thailand); AD/CVD Operations,                             Supplemental Questions’’ (Thailand AD                    Comments on Scope of the
                                                                                                          Supplemental Questionnaire). All four of these
                                               Enforcement and Compliance,                                documents are dated February 2, 2018. See also
                                                                                                                                                                   Investigations
                                               International Trade Administration,                        Commerce’s memoranda, ‘‘Petitions for the                   During our review of the Petitions,
                                               U.S. Department of Commerce, 1401                          Imposition of Antidumping and Countervailing
                                                                                                                                                                   Commerce issued questions to, and
                                               Constitution Avenue NW, Washington,                        Duties on Rubber Bands from the People’s Republic
                                                                                                          of China, Sri Lanka, and Thailand: Phone Call with       received responses from, the petitioner
                                               DC 20230.                                                  Counsel to the Petitioner’’ (Second General Issues       pertaining to the proposed scope to
                                               SUPPLEMENTARY INFORMATION:                                 Supplemental Questionnaire); ‘‘Petition for the          ensure that the scope language in the
                                                                                                          Imposition of Antidumping Duties on Rubber Bands
                                               The Petitions                                              from the People’s Republic of China: Phone Call
                                                                                                                                                                   Petitions is an accurate reflection of the
                                                                                                          with Counsel to the Petitioner’’ (China Second AD        products for which the domestic
                                                  On January 30, 2018, the U.S.                           Supplemental Questionnaire); ‘‘Petition for the          industry is seeking relief.7 As a result of
                                               Department of Commerce (Commerce)                          Imposition of Antidumping Duties on Rubber Bands         these exchanges, the scope of the
                                               received antidumping duty (AD) and                         from the Sri Lanka: Phone Call with Counsel to the
                                                                                                          Petitioner’’ (Sri Lanka Second AD Supplemental           Petitions was modified to clarify the
                                               countervailing duty (CVD) Petitions                        Questionnaire); and ‘‘Petition for the Imposition of     description of merchandise covered by
                                               concerning imports of rubber bands                         Antidumping Duties on Rubber Bands from                  the Petitions. The description of the
                                               from China, Sri Lanka, and Thailand                        Thailand: Phone Call with Counsel to the                 merchandise covered by this initiation,
                                               filed in proper form on behalf of                          Petitioner’’ (Thailand Second AD Supplemental
                                                                                                          Questionnaire). All four of these documents are          as described in the Appendix to this
                                               Alliance Rubber Co. (Alliance, the                         dated February 12, 2018.                                 notice, reflects these clarifications.
                                               petitioner).1 The petitioner is a domestic                    4 See the petitioner’s separate letters letters          As discussed in the preamble to
                                               producer of rubber bands.2                                 regarding General Issues, China, Sri Lanka and           Commerce’s regulations, we are setting
                                                  On February 2 and February 12, 2018,                    Thailand, each entitled, ‘‘Petition for the Imposition
                                                                                                          of Antidumping and Countervailing Duties on              aside a period for interested parties to
                                               Commerce requested supplemental                            Rubber Bands from Thailand, China and Sri                raise issues regarding product coverage
                                               information pertaining to certain areas                    Lanka—Responses to Supplemental                          (scope).8 Commerce will consider all
                                               of the AD Petitions.3 The petitioner filed                 Questionnaires’’ (respectively, General Issues           comments received from interested
                                                                                                          Supplement, Sri Lanka AD Supplement, China AD
                                                                                                          Supplement, and Thailand AD Supplement). All             parties and, if necessary, will consult
                                                 1 See the petitioner’s letter, ‘‘Petition for

                                               Imposition of Antidumping and Countervailing
                                                                                                          four of these documents are dated February 8, 2018.      with interested parties prior to the
                                                                                                          See also the petitioner’s separate letters regarding     issuance of the preliminary
                                               Duties on Rubber Bands from Thailand, China and            General Issues, China, Sri Lanka, and Thailand,
                                               Sri Lanka,’’ dated January 30, 2018 (the Petitions).       each entitled, ‘‘Petition for the Imposition of          determinations. If scope comments
                                               For the purposes of the instant notice, all mentions       Antidumping and Countervailing Duties on Rubber          include factual information,9 all such
                                               of ‘the Petitions,’ herein, refer specifically to the AD
                                               Petitions.
                                                                                                          Bands from Thailand, China and Sri Lanka—                factual information should be limited to
                                                                                                          Supplemental Responses to Supplemental
                                                 2 See Volume I of the Petitions, at 5–6.
                                                                                                          Questionnaires: Responses of Petitioner Alliance            6 See the ‘‘Determination of Industry Support for
                                                 3 See Commerce’s letters, ‘‘Petition for the             Rubber Co. to Department of Commerce’s February
                                               Imposition of Antidumping and Countervailing               12, 2018 General Issues Questionnaire’’                  the Petitions’’ section, infra.
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                                                                                                                                                                      7 See General Issues Supplemental Questionnaire,
                                               Duties on Imports of Rubber Bands from the                 (respectively, Second General Issues Supplement,
                                               People’s Republic of China, Sri Lanka, and                 Second China AD Supplement, Second Sri Lanka             at 3–4 and Second General Issues Supplemental
                                               Thailand: Supplemental Questions’’ (General Issues         AD Supplement, and Second Thailand AD                    Questionnaire; see also General Issues Supplement
                                               Supplemental Questionnaire); ‘‘Petition for the            Supplement). All four of these documents are dated       at 4–6, and Second General Issues Supplement at
                                               Imposition of Antidumping Duties on Imports of             February 13, 2018.                                       1; and Scope Clarification Memorandum.
                                                                                                                                                                      8 See Antidumping Duties; Countervailing Duties;
                                               Rubber Bands from the People’s Republic of China:             5 See memorandum, ‘‘Phone Call with Counsel to

                                               Supplemental Questions’’ (China AD Supplemental            the Petitioner Regarding Scope Clarification,’’ dated    Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                               Questionnaire); ‘‘Petition for the Imposition of           February 16, 2018 (Scope Clarification                      9 See 19 CFR 351.102(b)(21) (defining ‘‘factual

                                               Antidumping Duties on Imports of Rubber Bands              Memorandum).                                             information’’).



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Document Created: 2018-02-27 01:14:56
Document Modified: 2018-02-27 01:14:56
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 February 27, 2018.
ContactMark Kennedy at (202) 482-7883 (India), and Thomas Schauer at (202) 482-0410 (the People's Republic of China (China)), AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 8423 

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