PTFE Resin: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on polytetrafluoroethylene (PTFE) resin from India and China (A-533-879, A-570-066), and countervailing duty investigation on PTFE resin from India (C-533-880).
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized PTFE resin are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Nov. 13, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in December for CV duties and March for AD duties, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.
AD/CVD Respondent Selection
Commerce said it will pick respondents for its AD/CV duty investigations on India based on CBP import data. The agency intends to finalize respondent selection by Nov. 15, it said. For its China AD duty investigation, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection in that investigation on the responses it receives. Chinese exporters that receive a quantity and value questionnaire can still submit one. Responses are due Nov. 2.
Scope of the AD/CVD Investigations
​The product covered by these investigations is 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.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 09/28/17 | 09/28/17 |
| DOC initiation date | 10/18/17 | 10/18/17 |
| ITC prelim determinations* | 11/13/17 | 11/13/17 |
| DOC prelim determinations† | 03/07/18 | 12/22/17 |
| DOC final determinations† | 05/21/18 | 03/07/18 |
| ITC final determinations‡ | 07/05/18 | 04/23/18 |
| Issuance of orders+ | 07/12/18 | 04/30/18 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1710030019 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).
(Federal Register 10/26/17)