1,1,1,2-Tetrafluroethane From the People's Republic of China: Antidumping Duty Investigation, Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 30817-30819 [2014-12484]
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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Notices
suspending liquidation will remain in
effect until further notice.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the weighted-average dumping
margins listed below. See section
736(a)(3) of the Act.
tkelley on DSK3SPTVN1PROD with NOTICES
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of an exporter
that accounts for a significant
proportion of certain nickel-plated, flatrolled steel from Japan, we extended the
four-month period to no more than six
months.4 In the underlying
investigation, the Department published
the Preliminary Determination on
November 19, 2013.5 Therefore, the sixmonth period beginning on the date of
the publication of the Preliminary
Determination will end on May 17,
2014. Furthermore, section 737(b) of the
Act states that definitive duties are to
begin on the date of publication of the
ITC’s final injury determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of certain nickel-plated, flatrolled steel from Japan entered, or
withdrawn from warehouse, for
consumption after May 17, 2014, the
date provisional measures expired, until
and through the day preceding the date
of publication of the ITC’s final injury
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final injury determination in the
Federal Register.
The weighted-average dumping
margins are as follows:
Manufacturer/exporter
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
77.70 telephone: (202) 482–4295 or (202) 482–
45.42 9068, respectively.
SUPPLEMENTARY INFORMATION:
Weighted
-average
margin
(percent)
Nippon Steel & Sumitomo
Metal Corporation .................
All Others ..................................
This notice constitutes the
antidumping duty order with respect to
certain nickel-plated, flat-rolled steel
from Japan pursuant to section 736(a) of
the Act. Interested parties can find an
updated list of antidumping duty orders
currently in effect at https://
ia.ita.doc.gov/stats/iastats1.html.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211.
Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–12509 Filed 5–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–998]
1,1,1,2-Tetrafluroethane From the
People’s Republic of China:
Antidumping Duty Investigation,
Preliminary Determination of Sales at
Less Than Fair Value, Affirmative
Preliminary Determination of Critical
Circumstances, in Part, and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 29, 2014.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that 1,1,1,2Tetrafluoroethane (‘‘tetrafluoroethane’’)
from the People’s Republic of China
(‘‘PRC’’) is being, or is likely to be, sold
in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733 of the Tariff Act of 1930, as
amended (‘‘the Act’’). The period of
investigation (‘‘POI’’) is April 1, 2013,
through September 30, 2013. The
estimated margins of sales at LTFV are
Weighted
shown in the ‘‘Preliminary
-average
Determination’’ section of this notice.
Manufacturer/exporter
margin
The final determination will be issued
(percent)
135 days after publication of this
Toyo Kohan Co., Ltd. ...............
45.42 preliminary determination in the
Federal Register. Interested parties are
4 See Letter from Toyo Kohan Co., Ltd. to the
invited to comment on this preliminary
Department, dated October 28, 2013. See also Letter determination.
from Thomas Steel Strip Corporation (Petitioner) to
FOR FURTHER INFORMATION CONTACT:
the Department, dated October 29, 2013.
5 See Preliminary Determination.
Frances Veith or Bob Palmer, AD/CVD
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18:49 May 28, 2014
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AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
30817
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 conducted this
investigation in accordance with section
731 of the Act. We calculated export
prices and constructed export prices in
accordance with section 772 of the Act.
Because the PRC is a non-market
economy within the meaning of section
771(18) of the Act, normal value (‘‘NV’’)
was calculated in accordance with
section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum hereby adopted
by this notice.1 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See ‘‘Decision Memorandum for Preliminary
Determination for the Antidumping Duty
Investigation of 1,1,1,2-Tetrafluoroethane from the
People’s Republic of China,’’ from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice
(‘‘Preliminary Decision Memorandum’’).
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29MYN1
30818
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Notices
Antidumping and 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 Memorandum can be accessed
directly on the Internet at https://
trade.gov/enforcement//. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
results of our analysis, see the
Preliminary Decision Memorandum.
On February 19, 2014, Petitioner
timely filed an amendment to the
petition, pursuant to section 733(e)(1) of
the Act and 19 CFR 351.206(c)(2)(i),
alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration.2 We
preliminarily determine that critical
circumstances do not exist for Bluestar
but do exist with respect to Weitron,
non-individually examined companies,
and the PRC-wide entity. For a full
description of the methodology and
Combination Rates
In the Initiation Notice,3 the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.4
Preliminary Determination
The preliminary weighted-average
antidumping duty (‘‘AD’’) margin
percentages are as follows:
Weightedaverage
margin
(%)
Exporter
Producer
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd.
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd.
Jiangsu Bluestar Green Technology Co.,
Ltd.
Shandong Dongyue Chemical Co., Ltd ....
T.T. International Co., Ltd .........................
T.T. International Co., Ltd .........................
T.T. International Co., Ltd .........................
T.T. International Co., Ltd .........................
T.T. International Co., Ltd .........................
T.T. International Co., Ltd .........................
T.T. International Co., Ltd .........................
Zhejiang Sanmei Chemical Industry Co.,
Ltd.
Zhejiang Sanmei Chemical Industry Co.,
Ltd.
PRC-Wide Entity 5 .....................................
Zhejiang Quhua Fluor-Chemistry Co., Ltd ...................................................................
133.47
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd ...........................
133.47
Jiangsu Bluestar Green Technology Co., Ltd ..............................................................
237.33
Shandong Dongyue Chemical Co., Ltd .......................................................................
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd ...........................
Zhejiang Quhua Fluor-Chemistry Co., Ltd ...................................................................
Jiangsu Bluestar Green Technology Co., Ltd ..............................................................
Zhejiang Sanmei Chemical Ind, Co., Ltd .....................................................................
Zhejiang Pujiang Bailian Chemical Co., Ltd ................................................................
Jiangsu Jinxue Group Co., Ltd ....................................................................................
Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd .......................................................
Zhejiang Sanmei Chemical Industry Co., Ltd ..............................................................
187.48
187.48
187.48
187.48
187.48
187.48
187.48
187.48
187.48
Jiangsu Sanmei Chemicals Co., Ltd ............................................................................
187.48
237.33
Disclosure and Public Comment
tkelley on DSK3SPTVN1PROD with NOTICES
We will disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice 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.6
A table of contents, list of authorities
used, and an executive summary of
2 See Letter from Petitioner to the Department, Re:
‘‘1,1,1,2 Tetrafluoroethane from The People’s
Republic of China: Critical Circumstances
Allegation,’’ February 19, 2014.
3 See 1,1,1,2-Tetrafluoroethane from the People’s
Republic of China: Initiation of Antidumping Duty
Investigation, 77 FR 73832, 73836 (December 9,
2013) (‘‘Initiation Notice’’).
VerDate Mar<15>2010
17:19 May 28, 2014
Jkt 232001
issues should accompany any briefs
submitted to the Department.
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 at Enforcement and
Compliance’s electronic records system,
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.7 Hearing
requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues you intend to present at the
hearing. 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 time and location to be determined.
Parties should confirm by telephone the
date, time, and location of the hearing
two days before the scheduled date.
Pursuant to section 735(a)(1) of the
Act, we will make our final
determination no later than 135 days
after the date of publication of this
preliminary determination.
4 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (‘‘Policy
Bulletin 05.1’’), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull051.pdf.
5 This also includes Zhejiang Bailian Industry and
Trade, Jiangsu Jin Xue Group Co., Ltd., SC Ningbo
International Ltd, Sinochem Environmental
Protection Chemicals (Taichang) Co., Ltd.,
Sinochem Ningbo Ltd., Zhejiang Quhua FluorChemistry Co., Ltd., Zhejiang Quzhou Lianzhou
Refrigerants Co., Ltd. and Aerospace
Communications Holdings, Co. Ltd.
6 See 19 CFR 351.309.
7 See 19 CFR 351.310(c).
PO 00000
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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Notices
Suspension of Liquidation
tkelley on DSK3SPTVN1PROD with NOTICES
In accordance with section 733(d) of
the Act the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of tetrafluoroethane from the
PRC, as described in the ‘‘Scope of the
Investigation’’ section, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 8 equal to the weightedaverage amount by which NV exceeds
U.S. price, adjusted where appropriate
for export subsidies and estimated
domestic subsidy pass-through,9 as
follows: (1) The cash deposit rate for the
exporter/producer combinations listed
in the table above will be the rate the
Department determines in this
preliminary determination; (2) for all
combinations of PRC exporters/
producers of merchandise under
consideration that have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
established for the PRC-wide entity; and
(3) for all non-PRC exporters of
merchandise under consideration which
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate applicable to the
PRC exporter/producer combination
that supplied that non-PRC exporter.
We did not adjust the preliminary
determination AD margins for export
subsidies because the Department found
no evidence of export subsidies in the
companion countervailing duty (‘‘CVD’’)
proceeding. Additionally, the
Department did not adjust the
preliminary determination AD margins
for estimated domestic subsidy passthrough because respondents provided
no information to support an adjustment
pursuant to section 777A(f) of the Act.10
8 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
9 See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the
Department calculates the adjustment for export
subsidies in investigations not in the margin
calculation program, but in the cash deposit
instructions issued to CBP. See Notice of Final
Determination of Sales at Less Than Fair Value,
and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at
Comment 1.
10 See Preliminary Decision Memorandum.
VerDate Mar<15>2010
17:19 May 28, 2014
Jkt 232001
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to a request from Weitron,
we are postponing the final
determination and extending the
provisional measures from a four-month
period to no more than six months.
Accordingly, we will make our final
determination no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.11
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
tetrafluoroethane, or sales (or the
likelihood of sales) for importation, of
the merchandise under consideration
within 45 days of our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: May 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the
Preliminary Decision Memorandum
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary
Determination
4. Scope of the Investigation
5. Scope Comments
6. Selection of Respondents
7. Critical Circumstances
8. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country
c. Surrogate Value Comments
d. Separate Rates
e. Margin for the Separate Rate Companies
f. Combination Rates
g. The PRC-Wide Entity
h. Application of Facts Available and
Adverse Facts Available
i. Affiliation
j. Date of Sale
k. Fair Value Comparisons
l. Export Price
m. Constructed Export Price
n. Normal Value
o. Factor Valuations Methodology
p. Comparison to Normal Value
q. Currency Conversion
9. Verification
10. Section 777A(f) of the Act
11. International Trade Commission
11 See
PO 00000
also 19 CFR 351.210(e).
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Fmt 4703
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30819
Notification
12. Conclusion
[FR Doc. 2014–12484 Filed 5–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Partial Rescission
of the 19th Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting the 19th
administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC) covering the period of review
November 1, 2012, through October 31,
2013. The Department is rescinding the
review for 94 companies for which
Petitioners and/or the companies
withdrew their request(s) in a timely
manner.
AGENCY:
DATES:
Effective Date: May 29, 2014.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20120;
telephone (202) 482–5255.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2013, the Department
of Commerce published in the Federal
Register a notice of the opportunity to
request administrative review of, inter
alia, the antidumping duty order on
fresh garlic from the PRC covering the
period November 1, 2012, through
October 31, 2013.1 In November 2013,
the Department received review
requests from PRC producers/exporters
of fresh garlic and the Fresh Garlic
Producers Association (FGPA) and its
individual members (collectively, the
Petitioners).2 On December 30, 2013, the
Department initiated this review for 147
1 Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 65612
(November 1, 2013).
2 Shenzhen Xinboda Industrial Co., Ltd. and
Zhenghou Harmoni Spice Co., Ltd. (Harmoni) are
the PRC producer/exporters. The individual
members of the FGPA are Christopher Ranch L.L.C.;
the Garlic Company; Valley Garlic; and Vessey
Company, Inc.
E:\FR\FM\29MYN1.SGM
29MYN1
Agencies
[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30817-30819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12484]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-998]
1,1,1,2-Tetrafluroethane From the People's Republic of China:
Antidumping Duty Investigation, Preliminary Determination of Sales at
Less Than Fair Value, Affirmative Preliminary Determination of Critical
Circumstances, in Part, and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 29, 2014.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that 1,1,1,2-Tetrafluoroethane (``tetrafluoroethane'') from
the People's Republic of China (``PRC'') is being, or is likely to be,
sold in the United States at less than fair value (``LTFV''), as
provided in section 733 of the Tariff Act of 1930, as amended (``the
Act''). The period of investigation (``POI'') is April 1, 2013, through
September 30, 2013. The estimated margins of sales at LTFV are shown in
the ``Preliminary Determination'' section of this notice. The final
determination will be issued 135 days after publication of this
preliminary determination in the Federal Register. Interested parties
are invited to comment on this preliminary determination.
FOR FURTHER INFORMATION CONTACT: Frances Veith or Bob Palmer, 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-
4295 or (202) 482-9068, 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 conducted this investigation in accordance with
section 731 of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because the
PRC is a non-market economy within the meaning of section 771(18) of
the Act, normal value (``NV'') was calculated in accordance with
section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum hereby adopted by
this notice.\1\ The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
[[Page 30818]]
Antidumping and 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
Memorandum can be accessed directly on the Internet at https://trade.gov/enforcement//. The signed Preliminary Decision Memorandum and
the electronic version of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See ``Decision Memorandum for Preliminary Determination for
the Antidumping Duty Investigation of 1,1,1,2-Tetrafluoroethane from
the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice (``Preliminary
Decision Memorandum'').
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances, in
Part
On February 19, 2014, Petitioner timely filed an amendment to the
petition, pursuant to section 733(e)(1) of the Act and 19 CFR
351.206(c)(2)(i), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration.\2\ We
preliminarily determine that critical circumstances do not exist for
Bluestar but do exist with respect to Weitron, non-individually
examined companies, and the PRC-wide entity. For a full description of
the methodology and results of our analysis, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\2\ See Letter from Petitioner to the Department, Re: ``1,1,1,2
Tetrafluoroethane from The People's Republic of China: Critical
Circumstances Allegation,'' February 19, 2014.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,\3\ the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.\4\
---------------------------------------------------------------------------
\3\ See 1,1,1,2-Tetrafluoroethane from the People's Republic of
China: Initiation of Antidumping Duty Investigation, 77 FR 73832,
73836 (December 9, 2013) (``Initiation Notice'').
\4\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (``Policy Bulletin 05.1''), available
on the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The preliminary weighted-average antidumping duty (``AD'') margin
percentages are as follows:
------------------------------------------------------------------------
Weighted-
Exporter Producer average margin
(%)
------------------------------------------------------------------------
Weitron International Zhejiang Quhua Fluor- 133.47
Refrigeration Equipment Chemistry Co., Ltd.
(Kunshan) Co., Ltd.
Weitron International Sinochem Environmental 133.47
Refrigeration Equipment Protection Chemicals
(Kunshan) Co., Ltd. (Taicang) Co., Ltd.
Jiangsu Bluestar Green Jiangsu Bluestar Green 237.33
Technology Co., Ltd. Technology Co., Ltd.
Shandong Dongyue Chemical Co., Shandong Dongyue 187.48
Ltd. Chemical Co., Ltd.
T.T. International Co., Ltd.... Sinochem Environmental 187.48
Protection Chemicals
(Taicang) Co., Ltd.
T.T. International Co., Ltd.... Zhejiang Quhua Fluor- 187.48
Chemistry Co., Ltd.
T.T. International Co., Ltd.... Jiangsu Bluestar Green 187.48
Technology Co., Ltd.
T.T. International Co., Ltd.... Zhejiang Sanmei 187.48
Chemical Ind, Co., Ltd.
T.T. International Co., Ltd.... Zhejiang Pujiang 187.48
Bailian Chemical Co.,
Ltd.
T.T. International Co., Ltd.... Jiangsu Jinxue Group 187.48
Co., Ltd.
T.T. International Co., Ltd.... Zhejiang Quzhou 187.48
Lianzhou Refrigerants
Co., Ltd.
Zhejiang Sanmei Chemical Zhejiang Sanmei 187.48
Industry Co., Ltd. Chemical Industry Co.,
Ltd.
Zhejiang Sanmei Chemical Jiangsu Sanmei 187.48
Industry Co., Ltd. Chemicals Co., Ltd.
PRC-Wide Entity \5\............ 237.33
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Disclosure and Public Comment
We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
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.\6\ A
table of contents, list of authorities used, and an executive summary
of issues should accompany any briefs submitted to the Department.
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\5\ This also includes Zhejiang Bailian Industry and Trade,
Jiangsu Jin Xue Group Co., Ltd., SC Ningbo International Ltd,
Sinochem Environmental Protection Chemicals (Taichang) Co., Ltd.,
Sinochem Ningbo Ltd., Zhejiang Quhua Fluor-Chemistry Co., Ltd.,
Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd. and Aerospace
Communications Holdings, Co. Ltd.
\6\ See 19 CFR 351.309.
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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 at Enforcement and Compliance's electronic records
system, 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.\7\ Hearing requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues you intend to present
at the hearing. 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 time and
location to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\7\ See 19 CFR 351.310(c).
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Pursuant to section 735(a)(1) of the Act, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination.
[[Page 30819]]
Suspension of Liquidation
In accordance with section 733(d) of the Act the Department will
instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of tetrafluoroethane from the PRC, as
described in the ``Scope of the Investigation'' section, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \8\ equal to the weighted-average amount by
which NV exceeds U.S. price, adjusted where appropriate for export
subsidies and estimated domestic subsidy pass-through,\9\ as follows:
(1) The cash deposit rate for the exporter/producer combinations listed
in the table above will be the rate the Department determines in this
preliminary determination; (2) for all combinations of PRC exporters/
producers of merchandise under consideration that have not received
their own separate rate above, the cash-deposit rate will be the cash
deposit rate established for the PRC-wide entity; and (3) for all non-
PRC exporters of merchandise under consideration which have not
received their own separate rate above, the cash-deposit rate will be
the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter.
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\8\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\9\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department
calculates the adjustment for export subsidies in investigations not
in the margin calculation program, but in the cash deposit
instructions issued to CBP. See Notice of Final Determination of
Sales at Less Than Fair Value, and Negative Determination of
Critical Circumstances: Certain Lined Paper Products from India, 71
FR 45012 (August 8, 2006), and accompanying Issues and Decision
Memorandum at Comment 1.
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We did not adjust the preliminary determination AD margins for
export subsidies because the Department found no evidence of export
subsidies in the companion countervailing duty (``CVD'') proceeding.
Additionally, the Department did not adjust the preliminary
determination AD margins for estimated domestic subsidy pass-through
because respondents provided no information to support an adjustment
pursuant to section 777A(f) of the Act.\10\
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\10\ See Preliminary Decision Memorandum.
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Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to a request from Weitron, we are postponing the final
determination and extending the provisional measures from a four-month
period to no more than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\11\
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\11\ See also 19 CFR 351.210(e).
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International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary affirmative determination of sales at LTFV. Section
735(b)(2) of the Act requires the ITC to make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
tetrafluoroethane, or sales (or the likelihood of sales) for
importation, of the merchandise under consideration within 45 days of
our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act.
Dated: May 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary Determination
4. Scope of the Investigation
5. Scope Comments
6. Selection of Respondents
7. Critical Circumstances
8. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country
c. Surrogate Value Comments
d. Separate Rates
e. Margin for the Separate Rate Companies
f. Combination Rates
g. The PRC-Wide Entity
h. Application of Facts Available and Adverse Facts Available
i. Affiliation
j. Date of Sale
k. Fair Value Comparisons
l. Export Price
m. Constructed Export Price
n. Normal Value
o. Factor Valuations Methodology
p. Comparison to Normal Value
q. Currency Conversion
9. Verification
10. Section 777A(f) of the Act
11. International Trade Commission Notification
12. Conclusion
[FR Doc. 2014-12484 Filed 5-28-14; 8:45 am]
BILLING CODE 3510-DS-P