# Granular Polytetrafluoroethylene Resin From India: Final Results of the Countervailing Duty Administrative Review; 2021-2022
**AGENCY:**
Enforcement and Compliance, International Trade Administration, Department of Commerce.
**SUMMARY:**
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to Gujarat Fluorochemicals Limited (GFCL), a producer and exporter of granular polytetrafluoroethylene (PTFE) resin from India. The period of review (POR) is July 6, 2021, through December 31, 2022.
**DATES:**
Applicable September 9, 2024.
**FOR FURTHER INFORMATION CONTACT:**
Shane Subler or Bob Palmer, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6241 or (202) 482-9068, respectively.
**SUPPLEMENTARY INFORMATION:**
**Background**
On April 8, 2024, Commerce published the *Preliminary Results* . [^1] For a detailed description of the events that occurred subsequent to the *Preliminary Results, see* the Issues and Decision Memorandum. [^2] On July 17, 2024, we extended the deadline for these final results to August 27, 2024. [^3] On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. [^4] The deadline for these final results is now September 3, 2024.
[^1]*See Granular Polytetrafluoroethylene Resin from India: Preliminary Results and Partial Recission of Countervailing Duty Administrative Review; 2021-2022,* 89 FR 24428 (April 8, 2024) ( *Preliminary Results* ), and accompanying Preliminary Decision Memorandum.
[^2]*See* Memorandum, “Issues and Decision Memorandum for the Final Results of the Administrative Review of the Countervailing Duty Order on Granular Polytetrafluoroethylene Resin from India; 2021-2022,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
[^3]*See* Memorandum, “Extension of Deadline for Final Results of Countervailing Duty Administrative Review,” dated July 17, 2024; *see also* 19 CFR 351.213(h)(2).
[^4]*See* Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
**Scope of the Order**
[^5]*See Granular Polytetrafluoroethylene Resin from India and the Russian Federation: Countervailing Duty Orders,* 87 FR 14509 (March 15, 2022) ( *Order* ), as amended in *Granular Polytetrafluoroethylene Resin from India: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order,* 88 FR 74153 (October 30, 2023) ( *Amended Final Determination and Order* ).
The product covered by this *Order* is granular PTFE resin. A full description of the scope of the *Order* is contained in the Issues and Decision Memorandum.
**Analysis of Comments Received**
All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is provided in an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at *https://access.trade.gov.* In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at *https://access.trade.gov/public/FRNoticesListLayout.aspx.*
**Changes Since the Preliminary Results**
Based on our analysis of comments from interested parties and the evidence on the record, we have not made any changes to the *Preliminary Results.* The reasons for this conclusion are explained in the Issues and Decision Memorandum. Accordingly, we made no changes to the countervailable subsidy rate calculations from the *Preliminary Results* for mandatory respondent GFCL. [^6]
[^6]*See Preliminary Results,* 89 FR at 24428.
**Methodology**
Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, *i.e.,* a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. [^7] The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act.
[^7]*See* sections 771(5)(B) and (D) of the Act regarding financial contribution, section 771(5)(E) of the Act regarding benefit, and section 771(5A) of the Act regarding specificity.
**Final Results of Review**
As a result of this review, we determine the following net countervailable subsidy rates for the POR of July 6, 2021, through December 31, 2022:
[^8] This subsidy rate applies to the period July 6, 2021, to December 31, 2021.
[^9] This subsidy rate applies to the period January 1, 2022, to December 31, 2022.
[^10] As stated in the *Preliminary Results,* Commerce found Inox Leasing and Finance Limited to be cross-owned with GFCL. *See Preliminary Results,* 89 FR at 24428.
| Company | Subsidy rate | Subsidy rate |
| --- | --- | --- |
| Gujarat Fluorochemicals Limited | 4.89 | 4.70 |
**Assessment Rates**
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed company at the applicable *ad valorem* assessment rates listed for the corresponding time periods ( *i.e.,* July 6, 2021, to December 31, 2021, and January 1, 2022, to December 31, 2022). For entries made during the gap period ( *i.e.,* on or after November 3, 2021, through March 10, 2022), we will continue to instruct CBP to liquidate the entries without regard to countervailing duties pursuant to section 703(d) of the Act. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the *Federal Register* . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( *i.e.,* within 90 days of publication).
**Cash Deposit Requirements**
In accordance with section 751(a)(1) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown for GFCL (and its cross-owned affiliate) listed above for 2022, the second year covered by the period of review, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific, or all others rate ( *i.e.,* 5.39 percent), [^11] applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice.
[^11]*See Amended Final Determination and Order,* 88 FR at 74154.
**Administrative Protective Order (APO)**
This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
**Notification to Interested Parties**
We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2).
Dated: September 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
**Appendix**
**List of Topics Discussed in the Issues and Decision Memorandum**
I. Summary
II. Background
III. Scope of the *Order*
IV. Use of Facts Otherwise Available and Application of Adverse Inferences
V. Subsidies Valuation Information
VI. Interest Rate Benchmarks and Benchmarks for Measuring the Adequacy of Remuneration
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Remission of Duties and Taxes on Export Products (RODTEP) Program Provides a Countervailable Benefit
Comment 2: Whether GFCL Received a Benefit Under the RODTEP Program Prior to September 6, 2021
Comment 3: Whether Commerce Should Rely on the Petitioner's Proposed Benchmark for the Gujarat Industrial Development Corporation's (GIDC) Provision of Land for Less Than Adequate Remuneration (LTAR)
IX. Recommendation