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]
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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
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and effort by area. Logbook data are
used in stock assessments and other
research concerning the fishery. If the
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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
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Written comments and
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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
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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:
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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’’).
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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
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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
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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).
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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:
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16:54 Apr 17, 2014
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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.
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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.
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]]>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\
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\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).
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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.
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\5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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.
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\6\ See 19 CFR 351.310(c).
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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
