Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane From the People's Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Determination, 21895-21897 [2014-08932]

Download as PDF Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices Commission (IATTC) results in certain recordkeeping requirements for U.S. fishermen who fish in the IATTC’s area of management responsibility. These fishermen must maintain a log of all operations conducted from the fishing vessel, including the date, noon position, and the tonnage of fish aboard the vessel, by species. The logbook form provided by the IATTC is universally used by U.S. fishermen to meet this recordkeeping requirement. The information in the logbooks includes areas and times of operation and catch and effort by area. Logbook data are used in stock assessments and other research concerning the fishery. If the data were not collected or if erroneous data were provided, the IATTC assessments would likely be incorrect and there would be an increased risk of overfishing or inadequate management of the fishery. Affected Public: Business or other forprofit organizations. Frequency: Daily when on fishing trips. Respondent’s Obligation: Mandatory. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@omb. eop.gov or faxed to (202) 395–5806. references to HTSUS numbers. Such references were intended to describe types of products that were either included in or excluded from the scope of FTZ Board actions. The scope of FTZ Board Orders will continue to apply to those products as described in the orders and related appendices, even though the HTSUS number associated with the product may change. The scope of FTZ Board Orders should be interpreted as applying to the new HTSUS numbers. Similarly, the addition of new classifications to the HTSUS does not imply authority for any new production activity (including new categories of foreign status components or finished products) requiring advance approval by the FTZ Board. The following table provides a list of 2012 HTSUS changes relating to FTZ Board Orders for oil refinery subzones: Past HTS No. New HTS No. 2710.19.05 2710.19.10 2710.19.23 2710.11.25 2710.11.45 2710.19.06 2710.19.11 2710.19.26 2710.12.25 2710.12.45 FOR FURTHER INFORMATION CONTACT: Elizabeth Whiteman (Elizabeth.Whiteman@trade.gov, (202) 482–0473) or Diane Finver (Diane.Finver@trade.gov, (202) 482– 1367), Foreign-Trade-Zones Board, U.S. Department of Commerce, Room 21013, 1401 Constitution Ave. NW., Washington, DC 20230. Dated: April 14, 2014. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. Dated: April 15, 2014. Andrew McGilvray, Executive Secretary. [FR Doc. 2014–08835 Filed 4–17–14; 8:45 am] BILLING CODE 3510–DS–P [FR Doc. 2014–08937 Filed 4–17–14; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE International Trade Administration Foreign-Trade Zones Board [C–570–999] [S–43–2014] mstockstill on DSK4VPTVN1PROD with NOTICES Scope Determination Regarding the Effect on Foreign-Trade Zone Board Orders Resulting From Modifications to the Harmonized Tariff Schedule of the United States Pursuant to Section 400.14(d) of the FTZ Board regulations (15 CFR Part 400), it has been determined that the scope of FTZ Board Orders has not been affected by the 2012 modification of the Harmonized Tariff Schedule of the United States (HTSUS). Some Foreign-Trade Zone (FTZ) Board Orders, particularly orders relating to oil refinery subzones, contain VerDate Mar<15>2010 16:54 Apr 17, 2014 Jkt 232001 Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane From the People’s Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) preliminarily determines that countervailable subsidies are being provided to producers and exporters of 1,1,1,2Tetrafluoroethane (‘‘tetrafluoroethane’’) from the People’s Republic of China (the AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 21895 ‘‘PRC’’). We invite interested parties to comment on this preliminary determination. DATES: Effective Date: April 18, 2014. FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Josh Startup, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.7906 or 202.482.5260, respectively. SUPPLEMENTARY INFORMATION: Scope of the Investigation The product subject to this investigation is 1,1,1,2Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2-tetrafluoroethane is CF3-CH2F, and the Chemical Abstracts Service (‘‘CAS’’) registry number is CAS 811–97–2. 1,1,1,2-Tetrafluoroethane is sold under a number of trade names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a (Honeywell); Suva 134a, Dymel 134a, and Dymel P134a (DuPont); Solkane 134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2tetrafluoroethane has been sold as Fluorocarbon 134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159. Merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 2903.39.2020. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. Methodology The Department is conducting this countervailing duty (‘‘CVD’’) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the ‘‘Act’’). For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memo.1 The Preliminary Decision Memo is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and 1 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane from the People’s Republic of China: Decision Memorandum for the Preliminary Determination,’’ dated concurrently with this notice (‘‘Preliminary Decision Memo’’). E:\FR\FM\18APN1.SGM 18APN1 21896 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https:// iaaccess.trade.gov, and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memo can be accessed directly on the Internet at https://trade.gov/ enforcement. The signed Preliminary Decision Memo and the electronic versions of the Preliminary Decision Memo are identical in content. The Department notes that, in making these findings, we relied, in part, on facts available and, because one or more respondents did not act to the best of their ability to respond to the Department’s requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.2 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memo. Alignment As noted in the Preliminary Decision Memo, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination in this investigation with the final determination in the companion antidumping duty (‘‘AD’’) investigation of 1,1,1,2Tetrafluoroethane from the PRC.3 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than August 4, 2014, unless postponed. Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated an individual rate for each producer/ exporter of the subject merchandise individually investigated. We preliminarily determine the countervailable subsidy rates to be: Company Subsidy rate mstockstill on DSK4VPTVN1PROD with NOTICES T.T. International Co., Ltd ........................................................................................................................................................ JUHUA (including Zhejiang Quhua Fluor-Chemistry Co., Ltd., and other Juhua Stock Companies) .................................... Jiangsu Bluestar Green Technology Co., Ltd ......................................................................................................................... All Others ................................................................................................................................................................................. In accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of tetrafluoroethane from the PRC that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not investigated, we apply an ‘‘all-others’’ rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as respondents by those companies’ exports of the subject merchandise to the United States. Under section 705(c)(5)(i) of the Act, the allothers rate should exclude zero and de minimis rates calculated for the exporters and producers individually investigated. Where the rates for the investigated companies are all zero or de minimis, section 705(c)(5)(A)(ii) of the Act instructs the Department to establish an all-others rate using ‘‘any reasonable method.’’ Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we have not calculated the ‘‘allothers’’ rate by weight averaging the rates of the two individually 2 See sections 776(a) and (b) of the Act. 1,1,1,2-Tetrafluoroethane from the People’s Republic of China: Initiation of Antidumping Duty Investigation, 78 FR 73832 (December 9, 2013). 3 See VerDate Mar<15>2010 16:54 Apr 17, 2014 Jkt 232001 investigated respondents, because doing so risks disclosure of proprietary information. Therefore, and consistent with the Department’s practice, for the ‘‘all-others’’ rate, we calculated a simple average of the two responding firms’ rates.4 Disclosure and Public Comment The Department intends to disclose calculations performed for this preliminary determination to the parties within five days of the date of public announcement of this determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.5 A table of contents, list of authorities used and an executive summary of issues should accompany any briefs submitted to the Department. This summary should be limited to five pages total, including footnotes. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. 4 See, e.g., Countervailing Duty Investigation of Chlorinated Isocyanurates From the People’s Republic of China: Preliminary Determination and Alignment of Final Determination With Final PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 28.74 percent. 4.04 percent. 1.35 percent. 16.39 percent. Department of Commerce, filed electronically using IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.6 Requests should contain the party’s name, address, and telephone number; the number of participants; and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date, time and location to be determined. Parties will be notified of the date, time and location of any hearing. International Trade Commission Notification In accordance with section 703(f) of the Act, we will notify the International Trade Commission (‘‘ITC’’) of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative Antidumping Determination, 79 FR 10097 (February 24, 2014). 5 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 6 See 19 CFR 351.310(c). E:\FR\FM\18APN1.SGM 18APN1 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: April 11, 2014. Paul Piquado, Assistant Secretary, for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memo 1. Summary 2. Background 3. Scope Comments 4. Scope of the Investigation 5. Alignment 6. Respondent Selection 7. Injury Test 8. Application of Countervailing Duty Law to Imports From the PRC 9. Subsidies Valuation 10. Benchmarks and Discount Rates 11. Use of Facts Otherwise Available and Adverse Inferences 12. Analysis of Programs 13. Verification 14. Conclusion [FR Doc. 2014–08932 Filed 4–17–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–843] Certain Lined Paper Products From India: Preliminary Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: April 18, 2014. SUMMARY: In response to a request from Navneet Education Limited (Navneet Education), a producer/exporter of certain lined paper products (CLPP) from India, and pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 351.22l(c)(3)(ii), the Department is issuing this notice of preliminary results. We preliminarily determine that Navneet Education is the successor-ininterest to Navneet Publications (India) Ltd. (Navneet Publications). We invite interested parties to comment on these preliminary results. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:54 Apr 17, 2014 Jkt 232001 FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric B. Greynolds, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3797 and (202) 482–6071, respectively. SUPPLEMENTARY INFORMATION: Background On September 28, 2006, the Department published the antidumping duty (AD) and countervailing duty (CVD) orders on CLPP from India.1 On October 17, 2013, Navneet Education informed the Department that effective September 30, 2013, the former company, Navneet Publications, changed its name to Navneet Education in accordance with company’s existing board of directors’ resolution and Indian law.2 Navneet Education stated that the name change process began in August 2013 and was finalized by the end of September 2013.3 Navneet Education submitted a copy of ‘‘Fresh Certificate of Incorporation Consequent upon Change of Name’’ approved by ‘‘Government of India—Ministry of Corporate Affairs, Registrar of Companies, Maharashtra, Mumbai,’’ dated October 17, 2013.4 As the company is now known as Navneet Education, it requests that: (1) The Department conduct a changed circumstances review under section 751(b)(1) of the Act and 19 CFR 351.216 to determine that it is the successor-ininterest to Navneet Publications for purposes of the antidumping order; and (2) that the Department issue instructions to Customs and Border Protection (CBP) that reflect this conclusion.5 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People’s Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People’s Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006) (CLPP Order). 2 See Certain Lined Paper Products from India: Request for Changed Circumstances Reviews of Navneet Publications (India) Ltd. (October 17, 2013) (CCR Request) at 2, 8 (indicating that Navneet Publications participated as a respondent in the original AD investigation, and it has been a respondent in several AD administrative reviews, most often as a named mandatory respondent (e.g., in the second through fourth reviews it received the following company-specific margins of 1.34 percent, 0.43 percent, and 2.7 percent, respectively. In the fifth review, Navneet Publications received a non-selected rate of 11.01 percent. In the on-going sixth review, it is again selected as a mandatory respondent). 3 Id., at Attachment 1. 4 Id. 5 Id., at 1–2. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 21897 On January 14, 2014, the Department initiated a changed circumstances review explaining that while there was sufficient evidence to initiate a successor-in-interest review, it was necessary for the Department to issue a questionnaire requesting additional information for review as provided by 19 CFR 351.221(b)(2).6 On January 15, 2014, the Department issued a supplemental questionnaire to Navneet Education, to which Navneet responded on January 29, 2014.7 We received no comments from any other interested party concerning the changed circumstances review request filed by Navneet Education. Scope of the Order The merchandise covered by the CLPP Order 8 is certain lined paper products, typically school supplies (for purposes of this scope definition, the actual use of or labeling these products as school supplies or non-school supplies is not a defining characteristic) composed of or including paper that incorporates straight horizontal and/or vertical lines on ten or more paper sheets (there shall be no minimum page requirement for looseleaf filler paper). The products are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.9 Methodology In accordance with section 751(b)(1) of the Act, we are conducting a changed circumstances review based upon the information contained in Navneet Education’s submissions.10 6 See Certain Lined Paper Products from India: Initiation of Changed Circumstances Review, 79 FR 3567, 3568 (January 22, 2014). 7 See Navneet Education’s January 29, 2014, Supplemental Questionnaire Response. 8 See CLPP Order. 9 For a complete description of the Scope of the Order, see the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Preliminary Results of Changed Circumstances Review: Certain Lined Paper Products from India’’ (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. See, also, CLPP Order. 10 See CCR Request and Navneet Education Supp QNR Response. E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21895-21897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08932]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-999]


Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane 
From the People's Republic of China: Preliminary Affirmative 
Determination and Alignment of Final Determination With Final 
Antidumping Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of 1,1,1,2-Tetrafluoroethane 
(``tetrafluoroethane'') from the People's Republic of China (the 
``PRC''). We invite interested parties to comment on this preliminary 
determination.

DATES: Effective Date: April 18, 2014.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Josh Startup, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202.482.7906 
or 202.482.5260, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The product subject to this investigation is 1,1,1,2-
Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of 
form, type, or purity level. The chemical formula for 1,1,1,2-
tetrafluoroethane is CF3-CH2F, and the Chemical 
Abstracts Service (``CAS'') registry number is CAS 811-97-2.
    1,1,1,2-Tetrafluoroethane is sold under a number of trade names 
including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a 
(Honeywell); Suva 134a, Dymel 134a, and Dymel P134a (DuPont); Solkane 
134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2-
tetrafluoroethane has been sold as Fluorocarbon 134a, R-134a, HFC-134a, 
HF A-134a, Refrigerant 134a, and UN3159.
    Merchandise covered by the scope of this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') at subheading 2903.39.2020. Although the HTSUS subheading 
and CAS registry number are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

Methodology

    The Department is conducting this countervailing duty (``CVD'') 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the ``Act''). For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memo.\1\ The Preliminary Decision Memo is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and

[[Page 21896]]

Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memo can be 
accessed directly on the Internet at https://trade.gov/enforcement. The 
signed Preliminary Decision Memo and the electronic versions of the 
Preliminary Decision Memo are identical in content.
---------------------------------------------------------------------------

    \1\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane 
from the People's Republic of China: Decision Memorandum for the 
Preliminary Determination,'' dated concurrently with this notice 
(``Preliminary Decision Memo'').
---------------------------------------------------------------------------

    The Department notes that, in making these findings, we relied, in 
part, on facts available and, because one or more respondents did not 
act to the best of their ability to respond to the Department's 
requests for information, we drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\2\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memo.
---------------------------------------------------------------------------

    \2\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memo, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning 
the final CVD determination in this investigation with the final 
determination in the companion antidumping duty (``AD'') investigation 
of 1,1,1,2-Tetrafluoroethane from the PRC.\3\ Consequently, the final 
CVD determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
August 4, 2014, unless postponed.
---------------------------------------------------------------------------

    \3\ See 1,1,1,2-Tetrafluoroethane from the People's Republic of 
China: Initiation of Antidumping Duty Investigation, 78 FR 73832 
(December 9, 2013).
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an individual rate for each producer/exporter of the subject 
merchandise individually investigated. We preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
               Company                            Subsidy rate
------------------------------------------------------------------------
T.T. International Co., Ltd..........  28.74 percent.
JUHUA (including Zhejiang Quhua Fluor- 4.04 percent.
 Chemistry Co., Ltd., and other Juhua
 Stock Companies).
Jiangsu Bluestar Green Technology      1.35 percent.
 Co., Ltd.
All Others...........................  16.39 percent.
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection to suspend liquidation of 
all entries of tetrafluoroethane from the PRC that are entered, or 
withdrawn from warehouse, for consumption on or after the date of the 
publication of this notice in the Federal Register, and to require a 
cash deposit for such entries of merchandise in the amounts indicated 
above.
    In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not investigated, we apply an ``all-others'' rate, which is 
normally calculated by weighting the subsidy rates of the individual 
companies selected as respondents by those companies' exports of the 
subject merchandise to the United States. Under section 705(c)(5)(i) of 
the Act, the all-others rate should exclude zero and de minimis rates 
calculated for the exporters and producers individually investigated. 
Where the rates for the investigated companies are all zero or de 
minimis, section 705(c)(5)(A)(ii) of the Act instructs the Department 
to establish an all-others rate using ``any reasonable method.'' 
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we 
have not calculated the ``all-others'' rate by weight averaging the 
rates of the two individually investigated respondents, because doing 
so risks disclosure of proprietary information. Therefore, and 
consistent with the Department's practice, for the ``all-others'' rate, 
we calculated a simple average of the two responding firms' rates.\4\
---------------------------------------------------------------------------

    \4\ See, e.g., Countervailing Duty Investigation of Chlorinated 
Isocyanurates From the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Determination, 79 FR 10097 (February 24, 2014).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose calculations performed for this 
preliminary determination to the parties within five days of the date 
of public announcement of this determination in accordance with 19 CFR 
351.224(b). Case briefs or other written comments may be submitted to 
the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\5\ A table of contents, list of 
authorities used and an executive summary of issues should accompany 
any briefs submitted to the Department. This summary should be limited 
to five pages total, including footnotes.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard 
Time, within 30 days after the date of publication of this notice.\6\ 
Requests should contain the party's name, address, and telephone 
number; the number of participants; and a list of the issues to be 
discussed. If a request for a hearing is made, the Department intends 
to hold the hearing at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a date, time and 
location to be determined. Parties will be notified of the date, time 
and location of any hearing.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (``ITC'') of our determination. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information relating to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative

[[Page 21897]]

protective order, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: April 11, 2014.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memo

1. Summary
2. Background
3. Scope Comments
4. Scope of the Investigation
5. Alignment
6. Respondent Selection
7. Injury Test
8. Application of Countervailing Duty Law to Imports From the PRC
9. Subsidies Valuation
10. Benchmarks and Discount Rates
11. Use of Facts Otherwise Available and Adverse Inferences
12. Analysis of Programs
13. Verification
14. Conclusion

[FR Doc. 2014-08932 Filed 4-17-14; 8:45 am]
BILLING CODE 3510-DS-P
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