Granular PTFE Resin: Commerce Issues AD Duty Final Determinations for India, Russia
The Commerce Department issued its final determinations in the antidumping duty investigations on granular polytetrafluoroethylene from India (A-533-889) and Russia (A-821-829). Cash deposit rates set in this final determination take effect Jan. 25.
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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for March 4. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
Commerce is also issuing its final determinations in the concurrent countervailing duty investigations on granular PTFE resin from India and Russia (see 2201250051). The agency set CV duty rates at 31.89% for all Indian companies, and 2.53% for all Russian exporters. Collection of CV duties is currently on hold pending the ITC's final injury determination.
Critical Circumstances for All Indian Exporters, Cash Deposits Still Retroactive 90 Days
Commerce finalized its determination that all exporters of granular PTFE resin from India increased their exports to the U.S. in the months before the preliminary determination of this investigation. As a result of this “critical circumstances" finding, Commerce continues to retroactively suspend liquidation and require AD duty cash deposits for subject merchandise from India as of 90 days before the preliminary determination, i.e., June 4, 2021. For Russia, AD duty cash deposit collection remains in effect for entries on or after Sept. 2, 2021.
Suspension of liquidation and CV duty cash deposit collection remains in effect for all Indian companies as of April 7, 2021, and for all Russian companies as of July 6, 2021. Commerce has discontinued CV duty suspension of liquidation for entries on or after Nov. 3, 2021.
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation for AD duty purposes and collect cash deposits for subject merchandise entered on or after the dates listed below, and set cash deposit rates as follows beginning Jan. 25:
India
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| Gujarat Fluorochemicals Ltd. | 13.09% | 10.01% | 06/04/21 |
| All Others | 13.09% | 10.01% | 06/04/21 |
Russia
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| Halopolymer OJSC** | 17.99% | 17.36% | 09/02/21 |
| All Others | 17.99% | 17.36% | 09/02/21 |
*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CV duty collection resumes upon publication of the ITC's final injury determination.
**HaloPolymer OJSC reported that home market manufacturers HaloPolymer Kirovo-Chepetsk, LLC (HPKC), HaloPolymer Perm, OJSC (HPP), and Limited Liability Company First Fluoroplastic Plant (FFP) and home market reseller Limited Liability Company Trading House HaloPolymer (HPTH), are affiliated with HaloPolymer OJSC by common control. Accordingly, the preliminary rate calculated applies to subject merchandise produced by HPKC, HPP, and FFP and exported by either HPTH or HaloPolymer OJSC.
(The period of investigation is 01/01/20 - 12/31/20. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 2109010026 for a summary of the preliminary determination of this investigation.)