[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12815-12816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05965]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-588 and 731-TA-1392-1393 (Final)]
Polytetrafluoroethylene (PTFE) Resin From China and India,
Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping
Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of the antidumping and countervailing duty investigation
Nos. 701-TA-588 and 731-TA-1392-1393 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of polytetrafluoroethylene (PTFE) resin
from China and India, provided for in subheadings 3904.61.00 and
3904.69.50 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be subsidized by the government of India. Determinations with
respect to imports of PTFE resin alleged to be sold at less-than-fair-
value are pending.
DATES: March 8, 2018.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) and Robert
Casanova (202-708-2719), Office of Investigations, U.S. International
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (https://www.usitc.gov). The public
record for these investigations may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of these investigations, Commerce has defined
the subject merchandise as polytetrafluoroethylene (PTFE) resin,
including but not limited to granular, dispersion, or coagulated
dispersion (also known as fine powder). PTFE is covered by the scope of
these investigations whether filled or unfilled, whether or not
modified, and whether or not containing co-polymer additives, pigments,
or other materials. Also included is PTFE wet raw polymer. The chemical
formula for PTFE is C2F4, and the Chemical Abstracts Service Registry
number is 9002-84-0.
PTFE 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 these
investigations.
PTFE 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.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) of the Tariff Act of 1930 (19
U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative
preliminary determination by the Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in India of polytetrafluoroethylene (PTFE) resin, and that
such products are being subsidized in the United States by the
government of India within the meaning of section 703 of the Act (19
U.S.C. 1673b). The investigations were requested in petitions filed on
September 28, 2017, by The Chemours Company FC LLC, Wilmington,
Delaware.
For further information concerning the conduct of this phase of
these investigations, hearing procedures, and rules of general
application, consult the Commission's Rules of Practice and Procedure,
part 201, subparts A and B (19 CFR part 201), and part 207, subparts A
and C (19 CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the
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investigations need not file an additional notice of appearance during
this final phase. The Secretary will maintain a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to the investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on May 4,
2018, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
May 17, 2018, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before May 14, 2018. A nonparty who
has testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on May 15, 2018, at the U.S. International Trade Commission Building,
if deemed necessary. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is May 11, 2018. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is May 24, 2018. In addition, any person who has not entered an
appearance as a party to these investigations may submit a written
statement of information pertinent to the subject of these
investigations, including statements of support or opposition to the
petition, on or before May 24, 2018. On June 15, 2018, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before June 19, 2018, but such final comments
must not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on E-Filing, available on the
Commission's website at https://edis.usitc.gov, elaborates upon the
Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to these investigations must be
served on all other parties to these investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: March 20, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-05965 Filed 3-22-18; 8:45 am]
BILLING CODE 7020-02-P