Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane From the People's Republic of China: Amended Affirmative Preliminary Determination, 31088-31089 [2014-12590]

Download as PDF 31088 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices information into the web instrument for both form types. II. Method of Collection The Census Bureau implements a dual-mode collection methodology that utilizes both web based and paper instruments. The BRDI–1 respondents will receive a letter at the initial mail out that instructs them to go to the Census Bureau’s Business Help Site. Once the respondents are at the Web site they can print a copy of the form, download a PDF version, download Excel versions of each section of the form or they can request that the booklet be mailed to them. They can also access the web-based instrument to submit their data on-line using the username and password that are supplied in the letter. The BRDI–1 is the more detailed collection instrument. This form or booklet is 48 pages in length; it is mailed to companies with known R&D activity greater than $1 mil. The BRD– 1(S) respondents receive the booklet instrument at the initial mail out. They also receive an informational flyer that provides instructions on how to use the web based instrument. The BRD–1(S) is a much shorter version (8 pages). It is mailed to the majority of the sampled companies where the Census Bureau has no information about the companies’ R&D activity. Companies are asked to respond within 60 days of the initial mail out. III. Data mstockstill on DSK4VPTVN1PROD with NOTICES OMB Control Number: 0607–0912. Form Number(s): BRDI–1 & BRD–1(S). Type of Review: Regular submission. Affected Public: For-profit (public or private), domestic businesses that have 5 or more paid employees and are classified in certain industries. Estimated Number of Respondents: is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: May 23, 2014. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2014–12513 Filed 5–29–14; 8:45 am] BILLING CODE 3510–07–P 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: Amended Affirmative Preliminary Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The purpose of this amended affirmative preliminary determination is to correct a significant ministerial error in the preliminary determination, published on April 18, 2014, that BRDI–1—(Long Form) ...................... 7,000 countervailable subsidies are being BRD–1(S)—(Short Form) ................. 38,000 provided to producers and exporters of 1,1,1,2 tetrafluoroethane Total ........................................... 45,000 (‘‘tetrafluoroethane’’) from the People’s Republic of China (‘‘PRC’’). Estimated Time per Response: DATES: Effective Date: May 30, 2014. FOR FURTHER INFORMATION CONTACT: BRDI–1—(Long Form) ................ 14.85 hrs. Katie Marksberry and Alexis Polovina, BRD–1(S)—(Short Form) ........... 1.015 hrs. AD/CVD Operations, Office V, Enforcement and Compliance, Estimated Total Annual Burden International Trade Administration, Hours: 142,540. U.S. Department of Commerce, 14th Estimated Total Annual Cost to Street and Constitution Avenue NW., Public: $0. Washington, DC 20230; telephone Respondent’s Obligation: Mandatory. 202.482.7906 or 202.482.3927, Legal Authority: Title 13 U.S.C. 182, respectively. 224, and 225. SUPPLEMENTARY INFORMATION: On April IV. Request for Comments 18, 2014, we published our preliminary Comments are invited on: (a) Whether determination stating that the proposed collection of information countervailable subsidies are being VerDate Mar<15>2010 18:23 May 29, 2014 Jkt 232001 AGENCY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 provided to producers and exporters of tetrafluoroethane from the PRC.1 On April 21, 2014, T.T. International Co., Ltd. (‘‘T.T. International’’) and Zhejiang Quhua Fluor-Chemistry Co., Ltd., a Chinese exporter of subject merchandise, and its cross-owned affiliates (collectively ‘‘JUHUA’’) (‘‘respondents’’), and Weitron International Refrigeration Equipment (Kunshan) Co., Ltd., an exporter of subject merchandise, and its affiliated U.S. reseller, Weitron, Inc. (collectively ‘‘Weitron’’) filed timely allegations of significant ministerial errors contained in the Department’s Preliminary Determination. After reviewing the allegations, we determine that the Preliminary Determination included a significant error. Therefore, we made changes, as described below, to the Preliminary Determination. 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. Analysis of Alleged Significant Ministerial Error Allegation A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of 1 See Countervailing Duty Investigation of 1,1,1,2 Tetrafluoroethane from the People’s Republic of China: Preliminary Determination and Alignment of Final Determination with Final Antidumping Determination, 79 FR 21895 (April 18, 2014) (‘‘Preliminary Determination’’). E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices unintentional error which the Secretary considers ministerial.’’ With respect to preliminary determinations, 19 CFR 351.224(e) provides that the Department ‘‘will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination. . .’’ A significant ministerial error is defined as an error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the countervailable subsidy rate calculated in the original (erroneous) preliminary determination; or (2) a difference between a countervailable subsidy rate of zero (or de minimis) and a countervailable subsidy rate of greater than de minimis or vice versa.2 As explained further in the Ministerial Error Memorandum issued concurrently with this Notice,3 we determine that the Preliminary Determination contained an error with respect to our calculation of ‘‘tier two’’ world market benchmark prices for measuring the adequacy of remuneration for the provision of acidspar to respondents pursuant to 19 CFR 351.511(a)(2)(ii). Correction of this error results in a change to the preliminary subsidy rate for T.T. International of more than five absolute points and not less than 25 percent of the originally calculated margin. Thus, the error is significant for T.T. International within the meaning of 19 CFR 351.224(g).4 Amended Preliminary Determination The Department determines that there was a significant ministerial error in the subsidy rate calculated for T.T. International in the Preliminary Determination. Consequently, we are amending the preliminary countervailing duty rate calculation for T.T. International pursuant to 19 CFR 351.224(e). In addition, the preliminary 2 See 19 CFR 351.224(g). Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from James C. Doyle, Director, Office V, through Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, ‘‘Allegation of a Significant Ministerial Error in the Preliminary Determination,’’ dated concurrently with this notice for the analysis performed (‘‘Ministerial Error Memorandum’’). This memorandum is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Department’s Central Records Unit in Room 7046 of the Department of Commerce building. 4 Id. mstockstill on DSK4VPTVN1PROD with NOTICES 3 See VerDate Mar<15>2010 18:23 May 29, 2014 Jkt 232001 ‘‘All Others’’ rate was based on the simple average of the subsidy rates calculated for T.T. International and Zhejiang Quhua Fluor-Chemistry Co., Ltd., and its cross-owned affiliates (collectively ‘‘JUHUA’’). Thus, we are also amending the ‘‘All Others’’ rate to account for the change in T.T. International’s subsidy rate. Specifically, we are calculating the simple average of the corrected subsidy rate for T.T. International and the subsidy rate for JUHUA, unchanged from the Preliminary Determination. The rate for Jiangsu Bluestar Green Technology Co., Ltd. remains unchanged. As a result, the amended preliminary net countervailable subsidy rates are as follows: 31089 This determination is issued and published pursuant to sections 703(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: May 22, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–12590 Filed 5–29–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration The Association of Universities for Research in Astronomy, et al.; Notice of Consolidated Decision on Applications for Duty-Free Entry of Scientific Instruments Subsidy rate (percent) This is a decision pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of T.T. International Co., Ltd .......... 16.18 1966 (Pub. L. 89–651, as amended by JUHUA (including Zhejiang Pub. L. 106–36; 80 Stat. 897; 15 CFR Quhua Fluor-Chemistry Co., part 301). Related records can be viewed Ltd., and other Juhua Stock between 8:30 a.m. and 5:00 p.m. in Companies) ............................. 4.04 Room 3720, U.S. Department of Jiangsu Bluestar Green Technology Co., Ltd ........................ 1.35 Commerce, 14th and Constitution All Others .................................... 10.11 Avenue NW., Washington, DC. Comments: None received. Decision: Approved. We know of no instruments Suspension of Liquidation of equivalent scientific value to the The collection of cash deposits and foreign instruments described below, for suspension of liquidation will be such purposes as each is intended to be revised, in accordance with section used, that was being manufactured in 703(d) and (f) of the Tariff Act of 1930, the United States at the time of its order. as amended (the ‘‘Act’’). Specifically, Docket Number: 13–052. Applicant: we will instruct U.S. Customs and The Association of Universities for Border Protection (‘‘CBP’’) to continue Research in Astronomy, Tucson, AZ to suspend liquidation and to require a 85719. Instrument: Enclosure control cash deposit in the amounts indicated system for the Advanced Technology above, on all entries of tetrafluoroethane Solar Telescope. Manufacturer: AEC from the PRC that are entered, or Engineering, part of the IDOM Group, withdrawn from warehouse, for Spain. Intended Use: See notice at 79 FR consumption on or after the date of 6888, February 5, 2014. Comments: publication of this notice in the Federal None received. Decision: Approved. We Register. know of no instruments of equivalent scientific value to the foreign International Trade Commission instruments described below, for such Notification purposes as this is intended to be used, In accordance with section 703(f) of that was being manufactured in the the Act, we will notify the International United States at the time of order. Trade Commission (‘‘ITC’’) of our Reasons: The instrument will be used to determination. In addition, we are understand the nature of transient solar making available to the ITC all nonevents which affect life on Earth by privileged and non-proprietary employing techniques such as information relating to this augmenting pointing control of the investigation. We will allow the ITC Telescope at the Sun and augmenting access to all privileged and business control over the thermal environment proprietary information in our files, during operational use. During normal provided the ITC confirms that it will sun-tracking operations, the Enclosure not disclose such information, either accessory shall provide complete publicly or under an administrative protection of the Telescope (except for protective order, without the written the M1 Assembly) from incoming solar consent of the Assistant Secretary for radiation (insolation), the Enclosure Enforcement and Compliance. accessory shall provide an unobstructed PO 00000 Company Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31088-31089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12590]


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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: Amended Affirmative Preliminary 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The purpose of this amended affirmative preliminary 
determination is to correct a significant ministerial error in the 
preliminary determination, published on April 18, 2014, that 
countervailable subsidies are being provided to producers and exporters 
of 1,1,1,2 tetrafluoroethane (``tetrafluoroethane'') from the People's 
Republic of China (``PRC'').

DATES: Effective Date: May 30, 2014.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Alexis Polovina, 
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 202.482.3927, respectively.

SUPPLEMENTARY INFORMATION: On April 18, 2014, we published our 
preliminary determination stating that countervailable subsidies are 
being provided to producers and exporters of tetrafluoroethane from the 
PRC.\1\ On April 21, 2014, T.T. International Co., Ltd. (``T.T. 
International'') and Zhejiang Quhua Fluor-Chemistry Co., Ltd., a 
Chinese exporter of subject merchandise, and its cross-owned affiliates 
(collectively ``JUHUA'') (``respondents''), and Weitron International 
Refrigeration Equipment (Kunshan) Co., Ltd., an exporter of subject 
merchandise, and its affiliated U.S. reseller, Weitron, Inc. 
(collectively ``Weitron'') filed timely allegations of significant 
ministerial errors contained in the Department's Preliminary 
Determination. After reviewing the allegations, we determine that the 
Preliminary Determination included a significant error. Therefore, we 
made changes, as described below, to the Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of 1,1,1,2 
Tetrafluoroethane from the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination with Final 
Antidumping Determination, 79 FR 21895 (April 18, 2014) 
(``Preliminary Determination'').
---------------------------------------------------------------------------

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.

Analysis of Alleged Significant Ministerial Error Allegation

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of

[[Page 31089]]

unintentional error which the Secretary considers ministerial.'' With 
respect to preliminary determinations, 19 CFR 351.224(e) provides that 
the Department ``will analyze any comments received and, if 
appropriate, correct any significant ministerial error by amending the 
preliminary determination. . .'' A significant ministerial error is 
defined as an error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
countervailable subsidy rate calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a 
countervailable subsidy rate of zero (or de minimis) and a 
countervailable subsidy rate of greater than de minimis or vice 
versa.\2\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------

    As explained further in the Ministerial Error Memorandum issued 
concurrently with this Notice,\3\ we determine that the Preliminary 
Determination contained an error with respect to our calculation of 
``tier two'' world market benchmark prices for measuring the adequacy 
of remuneration for the provision of acidspar to respondents pursuant 
to 19 CFR 351.511(a)(2)(ii). Correction of this error results in a 
change to the preliminary subsidy rate for T.T. International of more 
than five absolute points and not less than 25 percent of the 
originally calculated margin. Thus, the error is significant for T.T. 
International within the meaning of 19 CFR 351.224(g).\4\
---------------------------------------------------------------------------

    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from James C. Doyle, Director, Office V, 
through Christian Marsh, Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, entitled, ``Allegation of a 
Significant Ministerial Error in the Preliminary Determination,'' 
dated concurrently with this notice for the analysis performed 
(``Ministerial Error Memorandum''). This memorandum is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the 
Department's Central Records Unit in Room 7046 of the Department of 
Commerce building.
    \4\ Id.
---------------------------------------------------------------------------

Amended Preliminary Determination

    The Department determines that there was a significant ministerial 
error in the subsidy rate calculated for T.T. International in the 
Preliminary Determination. Consequently, we are amending the 
preliminary countervailing duty rate calculation for T.T. International 
pursuant to 19 CFR 351.224(e). In addition, the preliminary ``All 
Others'' rate was based on the simple average of the subsidy rates 
calculated for T.T. International and Zhejiang Quhua Fluor-Chemistry 
Co., Ltd., and its cross-owned affiliates (collectively ``JUHUA''). 
Thus, we are also amending the ``All Others'' rate to account for the 
change in T.T. International's subsidy rate. Specifically, we are 
calculating the simple average of the corrected subsidy rate for T.T. 
International and the subsidy rate for JUHUA, unchanged from the 
Preliminary Determination. The rate for Jiangsu Bluestar Green 
Technology Co., Ltd. remains unchanged.
    As a result, the amended preliminary net countervailable subsidy 
rates are as follows:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
T.T. International Co., Ltd.................................       16.18
JUHUA (including Zhejiang Quhua Fluor-Chemistry Co., Ltd.,          4.04
 and other Juhua Stock Companies)...........................
Jiangsu Bluestar Green Technology Co., Ltd..................        1.35
All Others..................................................       10.11
------------------------------------------------------------------------

Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised, in accordance with section 703(d) and (f) of the Tariff Act 
of 1930, as amended (the ``Act''). Specifically, we will instruct U.S. 
Customs and Border Protection (``CBP'') to continue to suspend 
liquidation and to require a cash deposit in the amounts indicated 
above, on all entries of tetrafluoroethane from the PRC that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice in the Federal Register.

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 
protective order, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    This determination is issued and published pursuant to sections 
703(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12590 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-DS-P