Perfluoroalkoxy Alkane From India: Initiation of Countervailing Duty Investigation
Department of Commerce International Trade Administration [C-533-955] AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Appl...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
DATES:
Applicable August 25, 2026.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton, Office VIII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0012.
SUPPLEMENTARY INFORMATION:
The Petition
On August 5, 2026, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of perfluoroalkoxy alkane (PFA) from India, filed in proper form on behalf of The Chemours Company FC, LLC (the petitioner), a domestic producer of PFA.[1]
The CVD Petition was accompanied by an antidumping duty (AD) petition concerning imports of PFA from India.[2]
Between August 11 and 24, 2026, Commerce requested supplemental information pertaining to certain aspects of the Petition in supplemental questionnaires.[3]
Between August 14 and
( printed page 56111)
25, 2026, the petitioner filed timely responses to these requests for additional information.[4]
In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of India (GOI) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of PFA from India, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing PFA in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition was accompanied by information reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.[5]
Period of Investigation (POI)
Because the Petition was filed on August 5, 2026, the POI is January 1, 2025, through December 31, 2025.[6]
Scope of the Investigation
The product covered by this investigation is PFA from India. For a full description of the scope of this investigation,
see
the appendix to this notice.
Comments on the Scope of the Investigation
Between August 11 and 24, 2026, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.[7]
Between August 14 and 25, 2026, the petitioner provided clarifications and revised the scope.[8]
The description of merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications.
As discussed in the
Preamble
to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (
i.e.,
scope).[9]
Commerce will consider all scope comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, all such factual information should be limited to public information.[10]
Commerce requests that interested parties provide at the beginning of their scope comments a public executive summary for each comment or issue raised in their submission. Commerce further requests that interested parties limit their public executive summary of each comment or issue to no more than 450 words, not including citations. Commerce intends to use the public executive summaries as the basis of the comment summaries included in the analysis of scope comments. To facilitate preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on September 14, 2026, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, and should also be limited to public information, must be filed by 5:00 p.m. ET on September 24, 2026, which is 10 calendar days from the initial comment deadline.
Commerce requests that any factual information that parties consider relevant to the scope of this investigation be submitted during that period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party must contact Commerce and request permission to submit the additional information. All scope comments must be filed simultaneously on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.[11]
An electronically filed document must be received successfully in its entirety by the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOI of the receipt of the Petition and provided an opportunity for consultations with respect to the Petition.[12]
Commerce held consultations with the GOI on August 18, 2026.[13]
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more
( printed page 56112)
than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the “industry.”
Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC apply the same statutory definition regarding the domestic like product,[14]
they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.[15]
Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation” (
i.e.,
the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition).
With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.[16]
Based on our analysis of the information submitted on the record, we have determined that PFA, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.[17]
In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the “Scope of the Investigation,” in the appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2025.[18]
The petitioner identified itself as the only producer of PFA in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.[19]
We relied on data provided by the petitioner for purposes of measuring industry support.[20]
Our review of the data provided in the Petition, the First General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.[21]
First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (
e.g.,
polling).[22]
Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.[23]
Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.[24]
Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.[25]
Injury Test
Because India is a “Subsidies Agreement Country” within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from India materially injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are benefiting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.[26]
The petitioner contends that the industry's injured condition is illustrated by a significant increase in the absolute volume of subject imports; significant increase in the volume of subject imports relative to apparent U.S. consumption; underselling and price depression and suppression; negative impact on financial performance; lost sales and revenue; decline in production, capacity utilization, and U.S. shipments; and increase in subject imports market penetration.[27]
We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.[28]
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of PFA from
( printed page 56113)
India benefit from countervailable subsidies conferred by the GOI. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation.
Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 21 programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program,
see
the India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioner identified one company (
i.e.,
Gujarat Fluorochemicals Limited (GFL)) in India.[29]
We currently know of no additional producers/exporters of PFA from India. Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in the investigation.
Accordingly, Commerce intends to individually examine the only known producer/exporter in the investigation in the investigation from India (
i.e.,
GFL). We invite interested parties to comment on this issue. Such comments may include factual information within the meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so within three business days of the publication of this notice in the
Federal Register
. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because we intend to examine the only known producer/exporter in India, if no comments are received or if comments received further support the existence of only this producer/exporter in India, we do not intend to conduct respondent selection and will proceed to issuing the initial CVD questionnaire to the company identified. However, if comments are received which create a need for a respondent selection process, we intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice.
Distribution of a Copy of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOI via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of PFA from India is materially injuring, or threatening material injury to, a U.S. industry.[30]
A negative ITC determination will result in the investigation being terminated.[31]
Otherwise, this CVD investigation will proceed according to statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors of production under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). Section 351.301(b) of Commerce's regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted [32]
and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.[33]
Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation.
Extensions of Time Limits
Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301, or as otherwise specified by Commerce.[34]
For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances we will grant untimely filed requests for the extension of time limits, where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce's regulations concerning the extension of time limits and the
Time Limits Final Rule
prior to submitting factual information in this investigation.[35]
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.[36]
Parties must use the certification formats provided in 19 CFR 351.303(g).[37]
Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.
Notification to Interested Parties
Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they
( printed page 56114)
meet the requirements of 19 CFR 351.103(d) (
e.g.,
by filing the required letters of appearance). Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[38]
This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 25, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is perfluoroalkoxy alkane (PFA), a copolymer of tetrafluoroethylene and perfluoroalkoxy side chains. Its chemical structure is represented as a repeating chain of tetrafluoroethylene units with perfluoroalkoxy side chains (-(CF2
-CF2)n
-(CF2
-CF(ORf))m
-) where Rf
is a perfluorinated alkyl group (
e.g.,
-CF3, -C2
F5, -C3
F7). PFA is normally associated with Chemical Abstracts Service (CAS) registry number 26655-00-5 and may also be associated with registry number 31784-04-0.
The scope includes PFA resin in primary form (including, but not limited to pellets, granules, cubes, powder, flakes, fluff, or aqueous dispersions). PFA has a minimum melting endotherm peak temperature of 265 degrees Celsius and a melt flow rate of greater than or equal to 1 g/10 min, measured in accordance with applicable ASTM standards.
PFA resin in primary form may contain minor processing aids and additives inherent to the PFA manufacturing process. This merchandise remains covered by the scope to the extent that the PFA content constitutes at least 98 percent of the material by dry weight.
PFA resin in primary form may be compounded, mixed, or otherwise blended with fillers or reinforcing materials subsequent to the manufacturing of PFA resin. These fillers or reinforcing materials include, but are not limited to, stabilizers, pigments, glass fiber, carbon fiber, carbon black, graphite, mineral fillers, or similar reinforcing additives. The scope includes only the PFA component of any PFA compounded, mixed, or otherwise blended with non-PFA fillers or reinforcing materials after production, when the PFA content constitutes at least 80 percent of the material by dry weight.
The scope also includes merchandise matching the above description that has been finished, packaged, or otherwise processed in a third country, including by packaging with another product, or any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigation. When packaged with another product, only the PFA resin is covered.
The scope also includes PFA that is commingled or blended with PFA from sources not subject to the investigation. In such circumstances, only the subject component of such commingled products is covered by the scope of this investigation.
Excluded from the scope of this investigation is merchandise that has a minimum melting endotherm peak temperature of less than 265°C or a melt flow rate of less than 1 g/10 min.
Also excluded from the scope of this investigation is PFA in which minor processing aids and additives used in the manufacturing of PFA resin result in PFA resin representing less than 98 percent of that merchandise by dry weight. When PFA has been compounded with fillers or reinforcing materials, the PFA component of the compounded merchandise is excluded when it is less than 80 percent of the compounded material by dry weight.
The subject merchandise is currently properly classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 3904.69.5000. Products subject to this investigation may also enter under HTSUS subheadings 3904.61.0010, 3904.61.0090 and 3904.69.1000. Although the HTSUS subheading and CAS numbers are provided for convenience and customs purposes, the written description of the scope is dispositive.
Footnotes
1.
See
Petitioner's Letter, “Petition for the Imposition of Antidumping and Countervailing Duties,” dated August 5, 2026 (Petition).
3.
See
Commerce's Letters, “General Issues Supplemental Questions,” dated August 11, 2026
(First General Issues Supplemental Questionnaire); “Supplemental Questions,” dated August 11, 2026 (First India CVD Supplemental Questionnaire); “Second General Issues Supplemental Questions,” dated August 18, 2026 (Second General Issues Questionnaire); and “Second Supplemental Questions,” dated August 21, 2026 (Second India CVD Supplemental Questionnaire);
see also
Memorandum, “Teleconference with Counsel to the Petitioner,” dated August 24, 2026 (Third General Issues Supplemental Questionnaire).
4.
See
Petitioner's Letters, “Petitioner's Response to the U.S. Department of Commerce's Supplemental Questionnaire Regarding Volume I of the Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of PFA From India,” dated August 14, 2026 (First General Issues Supplement); “Petitioner's Response to the U.S. Department of Commerce's Supplemental Questionnaire Regarding Volume III of the Petitions for the Imposition of Antidumping and Countervailing Duties on Imports from India,” dated August 14, 2026; “Petitioner's Response to the U.S. Department of Commerce's Second Supplemental Questionnaire Regarding Volume I of the Petitions,” dated August 21 2026 (Second General Issues Supplement); “Petitioner's Response to the U.S. Department of Commerce's Second Supplemental Questionnaire Regarding Volume III of the Petitions,” dated August 24, 2026; and “Petitioner's Response to the U.S. Department of Commerce's Additional Questions Pertaining to Proposed Scope of the Investigations,” dated August 25, 2026 (Third General Issues Supplement).
7.
See
First General Issues Supplemental Questionnaire;
see also
Second General Issues Supplemental Questionnaire; and Third General Issues Supplemental Questionnaire.
8.
See
First General Issues Supplement at 3-11;
see also
Second General Issues Supplement at 2-12; and Third General Issues Supplement at 2-6 and Exhibit SQR3-I-1.
11.
See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures,76 FR 39263 (July 6, 2011);
see also Enforcement and Compliance; Change of Electronic Filing System Name,79 FR 69046 (November 20, 2014), for details of Commerce's electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at
access.trade.gov/help
and a handbook can be found at
access.trade.gov/ACCESS%20Handbook%20on%20Electronic%20Filing%20Procedures_March2026.pdf.
13.
See
Memorandum, “Consultations with the Government of India,” dated August 21, 2026;
see also
GOI's Letter, “Pre-initiation comments and Consultation note,” dated August 19, 2026.
15.
See USEC, Inc.
v.
United States,
132 F.Supp.2d 1, 8 (CIT 2001) (citing
Algoma Steel Corp., Ltd.
v.
United States,
688 F. Supp. 639, 644 (CIT 1988),
aff'd Algoma Steel Corp., Ltd.
v.
United States,
865 F.2d 240 (Fed. Cir. 1989)).
16.
For a discussion of the domestic like product analysis as applied to this case and information regarding industry support,
see
Checklist, “Countervailing Duty Investigation Initiation Checklist: Perfluoroalkoxy Alkane from India,” dated concurrently with, and hereby adopted by, this notice (India CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Perfluoroalkoxy Alkane from India (Attachment II). This checklist is on file electronically via ACCESS.
26.
For further discussion,
see
India CVD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Perfluoroalkoxy Alkane from India.
38.
See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,88 FR 67069 (September 29, 2023).