Granular PTFE Resin: Commerce Issues CV Duty Final Determinations for India, Russia
The Commerce Department issued its final determinations in its countervailing duty investigations on granular polytetrafluoroethylene resin from India (C-533-900) and Russia (C-821-830). Suspension of liquidation is currently not in effect for entries on or after Nov. 3, 2021, and Commerce will only require cash deposits of estimated CV duties on future entries if it issues a CV duty order.
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Before Commerce issues a CV duty order, the International Trade Commission must find injury to U.S. industry in its final injury determination, currently due March 4. In the event of an ITC final determination of no injury, this investigation will be terminated with no duties imposed, and all cash deposits collected as a result of this investigation will be refunded.
Commerce also issued a final determination in its concurrent AD duty investigations on granular PTFE resin, setting AD rates ranging at 13.09% for all Indian exporters, and 17.99% for all Russian exporters (see 2201250049).
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 CV duty cash deposits for subject merchandise from China as of 90 days before the preliminary determination, i.e., April 7, 2021. For Russia, CV duty cash deposit collection remains in effect for entries on or after July 6, 2021.
CV Susp/Cash Deposit Through Nov. 2, 2021
For now, Commerce has instructed CBP to continue the suspension of liquidation of subject merchandise from Russia entered July 6, 2021, through Nov. 2, 2021, and from India entered April 7, 2021, through Nov. 2, 2021.
CV Liq Reinstated and No CV Cash Deposit as of Nov. 3, 2021
Commerce previously instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits for subject merchandise from India and Russia entered on or after Nov. 3, 2021, the expiration date of the 120-day "provisional measures" period during which Commerce can suspend liquidation without a CV duty order in place.
Suspension of liquidation currently remains in effect for AD duty purposes.
CV Liq to Be Suspended Again and CV Cash Deposit Required If Order Issued
Commerce will issue a CV duty order, reinstate the CV duty suspension of liquidation for all Indian and Russian exporters, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the ITC issues a final affirmative injury determination.
India
| Company | CV Rate | Sus Liq |
|---|---|---|
| Gujarat Fluorochemicals Limited / Inox Leasing Finance Limited / Inox Wind Limited | 31.89% | 04/07/21 |
| All Others | 31.89% | 04/07/21 |
Russia
| Company | CV Rate | Sus Liq |
|---|---|---|
| Joint Stock Company “HaloPolymer” / Limited Liability Company “HaloPolymer Kirovo-Chepetsk / Joint Stock Company “HaloPolymer Perm" / URALCHEM JSC. | 2.53% | 07/06/21 |
| All Others | 2.53% | 07/06/21 |
(Note that there is no CV duty liability, and no CV duties will be assessed, on entries during the "gap period" of Nov. 3 until the date an ITC final affirmative injury determination is published in the Federal Register.)
(The period of investigation is 04/01/19 - 03/31/20 for India, and 01/01/20 - 12/31/20 for Russia. See Commerce's notice for more information, including the scope of the order, detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 2107020021 for a summary of the preliminary determinations of this investigation.)