1,1,1,2-Tetrafluroethane From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 62597-62599 [2014-24903]
Download as PDF
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices
a request for a hearing is made, we will
inform parties of the scheduled date for
the hearing, which will be held at the
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.16 Parties
should confirm by telephone the date,
time, and location of the hearing.
Final Results of the Review
In accordance with 19 CFR
351.216(e), the Department intends to
issue the final results of this changed
circumstances review not later than 270
days after the date on which the review
is initiated, or within 45 days if all
parties agree to our preliminary finding.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(b)(l) and
777(i)(l) of the Act.
Dated: October 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of Changed
Circumstances Review
V. Recommendation
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: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: We determine that 1,1,1,2Tetrafluroethane (‘‘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
735 of the Tariff Act of 1930, as
amended (‘‘the Act’’). This
investigation’s final dumping margins
are in the ‘‘Final Determination
Margins’’ section, infra.
DATES: Effective Date: October 20, 2014.
FOR FURTHER INFORMATION CONTACT:
Frances Veith or Bob Palmer, AD/CVD
tkelley on DSK3SPTVN1PROD with NOTICES
16 See
19 CFR 351.310.
VerDate Sep<11>2014
16:28 Oct 17, 2014
Jkt 235001
Background
On May 29, 2014, the Department of
Commerce (‘‘Department’’) published its
Preliminary Determination 1 and
postponement of the final determination
in the LTFV investigation of
tetrafluoroethane from the PRC and on
July 1, 2014, we published an Amended
Preliminary Determination.2 We invited
interested parties to comment on our
Preliminary Determination of sales at
LTFV and Amended Preliminary
Determination. For a list of the parties
that filed case and rebuttal briefs, see
the Issues and Decision Memorandum.3
On September 30, 2014, the Department
held a public hearing limited to issues
raised in case and rebuttal briefs.
Period of Investigation
The period of investigation (‘‘POI’’) is
April 1, 2013, through September 30,
2013. This period corresponds to the
two most recent fiscal quarters prior to
the month of the filing of the petition,
which was October 2013.4
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
[FR Doc. 2014–24907 Filed 10–17–14; 8:45 am]
AGENCY:
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:
1 See
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, 79 FR 30817
(May 29, 2014) (Preliminary Determination).
2 See 1,1,1,2-Tetrafluoroethane From the People’s
Republic of China: Antidumping Duty Investigation;
Amended Affirmative Preliminary Determination of
Critical Circumstances, 79 FR 37287 (July 1, 2014)
(Amended Preliminary Determination).
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Issues and Decision Memorandum for
the Final Determination of the Antidumping Duty
Investigation of 1,1,1,2-Tetrafluroethane from the
People’s Republic of China,’’ dated concurrently
with this notice (‘‘Issues and Decision
Memorandum’’).
4 See 19 CFR 351.204(b)(1).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
62597
(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.
Verification
As provided in section 782(i) of the
Act, between June 4 and June 20, 2014,
the Department verified the information
submitted by Weitron International
Refrigeration Equipment (Kunshan) Co.,
Ltd. (‘‘Weitron Kunshan’’) and Jiangsu
Bluestar Green Technology Co., Ltd.
(‘‘Bluestar’’) for use in the final
determination.5 We issued our
verification reports on July 21, 2014,
and July 23, 2014.6 The Department
used standard verification procedures,
including examination of relevant
accounting and production records and
original source documents provided by
respondents.7
Analysis of Comments Received
We addressed all issues raised by
parties in case and rebuttal briefs in the
Issues and Decision Memorandum.8 The
Appendix to this notice includes a list
of the issues which the parties raised
and to which the Department responded
in the Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
5 See the Department’s four memoranda
regarding: (1) ‘‘Verification of the Sales and Factors
Responses of Jiangsu Bluestar Green Technology
Co., Ltd., in the Investigation of 1,1,1,2Tetrafluorethane from the People’s Republic of
China,’’ dated July 21, 2014; (2) ‘‘Verification of the
CEP Sales Response of Weitron International
Refrigeration Equipment (Kunshan) Co., Ltd. and
Weitron, Inc. in the Investigation of 1,1,1,2
Tetrafluoroethane from the People’s Republic of
China (‘‘PRC’’),’’ dated July 23, 2014; (3)
‘‘Verification of the Response of Weitron
International Refrigeration Equipment (Kunshan)
Co., Ltd. in the Investigation of 1,1,1,2
Tetrafluoroethane from the People’s Republic of
China (‘‘PRC’’),’’ dated July 23, 2014; and (4)
‘‘Verification of the Factors Responses of Zhejiang
Juhua Co., Ltd. Organic Fluorine Plant (‘‘JuhuaOP’’)
in the Investigation of 1,1,1,2 Tetrafluoroethane
from the People’s Republic of China (‘‘PRC’’),’’
dated July 23, 2014.
6 Id.
7 Id.
8 See Issues and Decision Memorandum.
E:\FR\FM\20OCN1.SGM
20OCN1
62598
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and it 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 Issues and
Decision Memorandum is available at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary
Determination
Based on the Department’s analysis of
the comments received and our findings
at verification, we made certain changes
to Bluestar’s margin calculations.
Additionally, we determined that
Weitron Kunshan was not an exporter of
subject merchandise during the POI.
Accordingly, we have not calculated a
dumping margin based on the data
reported by Weitron Kushan. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Affirmative Determination of
Critical Circumstances
We determine that critical
circumstances exist with respect to
Bluestar, non-individually examined
companies, and the PRC-wide entity.9
Combination Rates
In the Initiation Notice,10 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.11
Final Determination
The final weighted-average
antidumping duty (‘‘AD’’) margin
percentages are as follows:
Weightedaverage
margin (%)
Exporter
Producer
Jiangsu Bluestar Green Technology Co., Ltd. ...........................
Shandong Dongyue Chemical Co., Ltd. .....................................
T.T. International Co., Ltd. ..........................................................
Jiangsu Bluestar Green Technology Co., Ltd. ..........................
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. ...........................
Jiangsu Sanmei Chemicals 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 13 .....................................................................
12 280.67
280.67
280.67
280.67
280.67
280.67
280.67
280.67
280.67
280.67
280.67
280.67
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(4)(A) of the Act, the Department
will instruct U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
retroactively suspend liquidation of all
appropriate entries of tetrafluoroethane
from the PRC as described in the ‘‘Scope
of the Investigation’’ section, which
were entered, or withdrawn from
warehouse, for consumption on or after
the date which is 90 days before the
date on which the suspension of
liquidation was first ordered (i.e., May
29, 2014, the date of publication in the
Federal Register of the notice of an
affirmative preliminary determination
that tetrafluoroethane is being, or is
likely to be, sold in the United States at
LTFV). Further, pursuant to 19 CFR
351.205(d), the Department will instruct
CBP to require a cash deposit 14 equal to
the weighted-average amount by which
the normal value exceeds U.S. price,
adjusted where appropriate for export
subsidies and estimated domestic
subsidy pass-through, as follows: (1) For
the exporter/producer combination
listed in the table above, the cash
deposit rate will be equal to the
dumping margin which the Department
determined in this final determination;
(2) for all combinations of PRC
exporters/producers of merchandise
under consideration which have not
received their own separate rate above,
the cash deposit rate will be equal to the
dumping margin 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 equal to the cash
deposit rate applicable to the PRC
exporter/producer combination that
supplied that non-PRC exporter. These
suspension-of-liquidation instructions
will remain in effect until further notice.
We did not adjust the final
determination AD margins for export
subsidies because the Department found
no evidence of export subsidies in the
9 See the Issues and Decision Memorandum at
Comment 6.
10 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’’).
11 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.
12 Jiangsu Bluestar Green Technology Co., Ltd.’s
margin is the only calculated margin. As the only
calculated margin, it is the margin assigned to the
separate rate companies. Addtionally, as it is the
higher of the calculated margin or the petition rate,
it is also the PRC-Wide Entity margin.
13 This also includes Weitron International
Refrigeration Equipment (Kunshan) Co., Ltd.,
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.
14 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).
tkelley on DSK3SPTVN1PROD with NOTICES
Disclosure
We intend to disclose to parties the
calculations performed in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
VerDate Sep<11>2014
16:28 Oct 17, 2014
Jkt 235001
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
E:\FR\FM\20OCN1.SGM
20OCN1
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices
companion countervailing duty
proceeding. Additionally, the
Department did not adjust the final
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.
ITC Notification
In accordance with section 735(d) of
the Act, we notified the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. As the Department’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports of tetrafluoroethane
from the PRC, or sales (or the likelihood
of sales) for importation, of
tetrafluoroethane from the PRC. If the
ITC determines that such injury does
not exist, this proceeding with be
terminated and all securities posted will
be refunded or canceled. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary
Information
This notice also serves as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation,
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Margin Calculations
Discussion of the Issues
Comment 1: Separate Rate Practice
Comment 2: Whether Weitron Kunshan
Qualifies as a Respondent
Comment 3: Surrogate Country
Comment 4: By-products
Comment 5: Price Adjustments—ISO
Tanks
Comment 6: Critical Circumstances
Comment 7: Whether to Continue to Rely
on the Average-to-Average Margin
Calculation Methodology
Comment 8: Whether to Add an Additional
USHTS Code to the Scope
Comment 9: Whether The Department’s
Rejection of Minor Corrections Was
Contrary to Law
Comment 10: Hydrogen Fluoride Surrogate
Value
Comment 11: Color Salts Surrogate Value
Comment 12: Caustic Potash Surrogate
Value
Comment 13: Dawson Gas Surrogate Value
Comment 14: Whether to Categorize
Catalyst, Refrigerants and Compressed
Air as Factory Overhead
Comment 15: Compressed Air Surrogate
Value
Comment 16: Selection of Surrogate
Financial Statements
Comment 17: Calculation of Thai-Japan
Financial Ratios
Comment 18: Inland Freight and Brokerage
& Handling
Comment 19: Bluestar R22 Supplier
Distance
Comment 20: Packing Materials
Comment 21: Domestic Movement Expense
Calculation
Comment 22: Whether to Correct the Unit
Weight of Certain Packing Inputs
Comment 23: Whether to Delete Unknown
Country of Origin Sales from Weitron’s
Reported Sales
Comment 24: Whether to Apply Subsidy
Offset to Weitron’s Margin
Recommendation
[FR Doc. 2014–24903 Filed 10–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Caribbean Fishery Management
Council (CFMC); Public Meeting
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Appendix—Issues and Decision
Memorandum
ACTION:
VerDate Sep<11>2014
16:28 Oct 17, 2014
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
Notice of public meeting via
webinar.
The Caribbean Fishery
Management Council’s (Council)
Scientific and Statistical Committee
(SSC) will hold a meeting via webinar.
SUMMARY:
Jkt 235001
The SSC meeting via webinar
will be held on November 12, 2014,
from 9 a.m. to 5 p.m.
DATES:
The address to access the
SSC meeting via webinar is: https://
global.gotomeeting.com/join/
978083813. Use your microphone and
speakers (VOIP) for audio. You can also
join through your smartphone by dialing
1 (408) 650–3131. Access code: 978–
083–813, Audio Pin: Will be provided
upon joining the session.
ADDRESSES:
The SSC
will discuss the items contained in the
following agenda:
SUPPLEMENTARY INFORMATION:
• FMUs ACL Overages—SERO Update
• Red Hind SEDAR 35 Assessment
Review
1. Peer Review and Discussion
2. Recommendations to the CFMC
• National SSC V (February 23–25,
2015): Update and Discussion
• Discussion of 5-year Research Plan
• Selection Criteria for Exclusion/
Inclusion of Species in the IslandBased FMPs
A. Commercial Landings Data—SEFSC
Update
1. Overview of Recent Years Landings
Data: Species List Ranked by
Poundage and Value—Puerto Rico,
St. Thomas/St. John, St. Croix
2. Landings by Coast for Puerto Rico,
as a Proxy to Differentiate Species
that Might be Restricted to the State
Waters
3. SEFSC/DNER Revision of the 2005
East Coast Correction Factor Update
B. Recreational Landings Data—SEFSC
Update
1. Overview of Recent Years Landings
Data: Species List Ranked by
Poundage
C. Recommendations to the CFMC
The SSC meeting via webinar is open
to the public, and will be conducted in
English.
Special Accommodations
RIN 0648–XD564
Dated: October 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Summary
Background
Use of Adverse Facts Available
Weitron Kunshan
Critical Circumstances
62599
PO 00000
Frm 00007
Fmt 4703
Sfmt 9990
This meeting via webinar is accessible
to people with disabilities. For more
information please contact Mr. Miguel
´
A. Rolon, Executive Director, Caribbean
Fishery Management Council, 270
˜
Munoz Rivera Avenue, Suite 401, San
Juan, Puerto Rico, 00918, telephone:
(787) 766–5926, at least 5 days prior to
the meeting date.
Dated: October 15, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–24855 Filed 10–17–14; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\20OCN1.SGM
20OCN1
Agencies
[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Notices]
[Pages 62597-62599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24903]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-998]
1,1,1,2-Tetrafluroethane From the People's Republic of China:
Final Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: We determine that 1,1,1,2-Tetrafluroethane
(``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 735 of the Tariff Act of
1930, as amended (``the Act''). This investigation's final dumping
margins are in the ``Final Determination Margins'' section, infra.
DATES: Effective Date: October 20, 2014.
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:
Background
On May 29, 2014, the Department of Commerce (``Department'')
published its Preliminary Determination \1\ and postponement of the
final determination in the LTFV investigation of tetrafluoroethane from
the PRC and on July 1, 2014, we published an Amended Preliminary
Determination.\2\ We invited interested parties to comment on our
Preliminary Determination of sales at LTFV and Amended Preliminary
Determination. For a list of the parties that filed case and rebuttal
briefs, see the Issues and Decision Memorandum.\3\ On September 30,
2014, the Department held a public hearing limited to issues raised in
case and rebuttal briefs.
---------------------------------------------------------------------------
\1\ See 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, 79 FR 30817 (May 29, 2014) (Preliminary
Determination).
\2\ See 1,1,1,2-Tetrafluoroethane From the People's Republic of
China: Antidumping Duty Investigation; Amended Affirmative
Preliminary Determination of Critical Circumstances, 79 FR 37287
(July 1, 2014) (Amended Preliminary Determination).
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Issues and Decision Memorandum for the Final Determination of the
Antidumping Duty Investigation of 1,1,1,2-Tetrafluroethane from the
People's Republic of China,'' dated concurrently with this notice
(``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (``POI'') is April 1, 2013, through
September 30, 2013. This period corresponds to the two most recent
fiscal quarters prior to the month of the filing of the petition, which
was October 2013.\4\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
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.
Verification
As provided in section 782(i) of the Act, between June 4 and June
20, 2014, the Department verified the information submitted by Weitron
International Refrigeration Equipment (Kunshan) Co., Ltd. (``Weitron
Kunshan'') and Jiangsu Bluestar Green Technology Co., Ltd.
(``Bluestar'') for use in the final determination.\5\ We issued our
verification reports on July 21, 2014, and July 23, 2014.\6\ The
Department used standard verification procedures, including examination
of relevant accounting and production records and original source
documents provided by respondents.\7\
---------------------------------------------------------------------------
\5\ See the Department's four memoranda regarding: (1)
``Verification of the Sales and Factors Responses of Jiangsu
Bluestar Green Technology Co., Ltd., in the Investigation of
1,1,1,2-Tetrafluorethane from the People's Republic of China,''
dated July 21, 2014; (2) ``Verification of the CEP Sales Response of
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd.
and Weitron, Inc. in the Investigation of 1,1,1,2 Tetrafluoroethane
from the People's Republic of China (``PRC''),'' dated July 23,
2014; (3) ``Verification of the Response of Weitron International
Refrigeration Equipment (Kunshan) Co., Ltd. in the Investigation of
1,1,1,2 Tetrafluoroethane from the People's Republic of China
(``PRC''),'' dated July 23, 2014; and (4) ``Verification of the
Factors Responses of Zhejiang Juhua Co., Ltd. Organic Fluorine Plant
(``JuhuaOP'') in the Investigation of 1,1,1,2 Tetrafluoroethane from
the People's Republic of China (``PRC''),'' dated July 23, 2014.
\6\ Id.
\7\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised by parties in case and rebuttal
briefs in the Issues and Decision Memorandum.\8\ The Appendix to this
notice includes a list of the issues which the parties raised and to
which the Department responded in the Issues and Decision Memorandum.
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement
[[Page 62598]]
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and it 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
Issues and Decision Memorandum is available at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on the Department's analysis of the comments received and our
findings at verification, we made certain changes to Bluestar's margin
calculations. Additionally, we determined that Weitron Kunshan was not
an exporter of subject merchandise during the POI. Accordingly, we have
not calculated a dumping margin based on the data reported by Weitron
Kushan. For a discussion of these changes, see the Issues and Decision
Memorandum.
Final Affirmative Determination of Critical Circumstances
We determine that critical circumstances exist with respect to
Bluestar, non-individually examined companies, and the PRC-wide
entity.\9\
---------------------------------------------------------------------------
\9\ See the Issues and Decision Memorandum at Comment 6.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,\10\ 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.\11\
---------------------------------------------------------------------------
\10\ 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'').
\11\ 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.
---------------------------------------------------------------------------
Final Determination
The final weighted-average antidumping duty (``AD'') margin
percentages are as follows:
---------------------------------------------------------------------------
\12\ Jiangsu Bluestar Green Technology Co., Ltd.'s margin is the
only calculated margin. As the only calculated margin, it is the
margin assigned to the separate rate companies. Addtionally, as it
is the higher of the calculated margin or the petition rate, it is
also the PRC-Wide Entity margin.
------------------------------------------------------------------------
Weighted-
Exporter Producer average margin
(%)
------------------------------------------------------------------------
Jiangsu Bluestar Green Jiangsu Bluestar Green \12\ 280.67
Technology Co., Ltd.. Technology Co., Ltd..
Shandong Dongyue Chemical Co., Shandong Dongyue 280.67
Ltd.. Chemical Co., Ltd..
T.T. International Co., Ltd.... Sinochem Environmental 280.67
Protection Chemicals
(Taicang) Co., Ltd.
T.T. International Co., Ltd.... Zhejiang Quhua Fluor- 280.67
Chemistry Co., Ltd..
T.T. International Co., Ltd.... Jiangsu Bluestar Green 280.67
Technology Co., Ltd..
T.T. International Co., Ltd.... Zhejiang Sanmei 280.67
Chemical Ind, Co.,
Ltd..
T.T. International Co., Ltd.... Zhejiang Pujiang 280.67
Bailian Chemical Co.,
Ltd..
T.T. International Co., Ltd.... Jiangsu Jinxue Group 280.67
Co., Ltd..
T.T. International Co., Ltd.... Zhejiang Quzhou 280.67
Lianzhou Refrigerants
Co., Ltd..
Zhejiang Sanmei Chemical Zhejiang Sanmei 280.67
Industry Co., Ltd.. Chemical Industry Co.,
Ltd..
Zhejiang Sanmei Chemical Jiangsu Sanmei 280.67
Industry Co., Ltd.. Chemicals Co., Ltd..
PRC-Wide Entity \13\........... ....................... 280.67
------------------------------------------------------------------------
Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------
\13\ This also includes Weitron International Refrigeration
Equipment (Kunshan) Co., Ltd., 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.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4)(A) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to retroactively suspend liquidation of all appropriate entries of
tetrafluoroethane from the PRC as described in the ``Scope of the
Investigation'' section, which were entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the date on which the suspension of liquidation was first ordered
(i.e., May 29, 2014, the date of publication in the Federal Register of
the notice of an affirmative preliminary determination that
tetrafluoroethane is being, or is likely to be, sold in the United
States at LTFV). Further, pursuant to 19 CFR 351.205(d), the Department
will instruct CBP to require a cash deposit \14\ equal to the weighted-
average amount by which the normal value exceeds U.S. price, adjusted
where appropriate for export subsidies and estimated domestic subsidy
pass-through, as follows: (1) For the exporter/producer combination
listed in the table above, the cash deposit rate will be equal to the
dumping margin which the Department determined in this final
determination; (2) for all combinations of PRC exporters/producers of
merchandise under consideration which have not received their own
separate rate above, the cash deposit rate will be equal to the dumping
margin 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 equal to
the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter. These suspension-of-
liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\14\ 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).
---------------------------------------------------------------------------
We did not adjust the final determination AD margins for export
subsidies because the Department found no evidence of export subsidies
in the
[[Page 62599]]
companion countervailing duty proceeding. Additionally, the Department
did not adjust the final 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.
ITC Notification
In accordance with section 735(d) of the Act, we notified the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in
the United States is materially injured, or threatened with material
injury, by reason of imports of tetrafluoroethane from the PRC, or
sales (or the likelihood of sales) for importation, of
tetrafluoroethane from the PRC. If the ITC determines that such injury
does not exist, this proceeding with be terminated and all securities
posted will be refunded or canceled. If the ITC determines that such
injury does exist, the Department will issue an antidumping duty order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation,
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: October 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Use of Adverse Facts Available
Weitron Kunshan
Critical Circumstances
Margin Calculations
Discussion of the Issues
Comment 1: Separate Rate Practice
Comment 2: Whether Weitron Kunshan Qualifies as a Respondent
Comment 3: Surrogate Country
Comment 4: By-products
Comment 5: Price Adjustments--ISO Tanks
Comment 6: Critical Circumstances
Comment 7: Whether to Continue to Rely on the Average-to-Average
Margin Calculation Methodology
Comment 8: Whether to Add an Additional USHTS Code to the Scope
Comment 9: Whether The Department's Rejection of Minor
Corrections Was Contrary to Law
Comment 10: Hydrogen Fluoride Surrogate Value
Comment 11: Color Salts Surrogate Value
Comment 12: Caustic Potash Surrogate Value
Comment 13: Dawson Gas Surrogate Value
Comment 14: Whether to Categorize Catalyst, Refrigerants and
Compressed Air as Factory Overhead
Comment 15: Compressed Air Surrogate Value
Comment 16: Selection of Surrogate Financial Statements
Comment 17: Calculation of Thai-Japan Financial Ratios
Comment 18: Inland Freight and Brokerage & Handling
Comment 19: Bluestar R22 Supplier Distance
Comment 20: Packing Materials
Comment 21: Domestic Movement Expense Calculation
Comment 22: Whether to Correct the Unit Weight of Certain
Packing Inputs
Comment 23: Whether to Delete Unknown Country of Origin Sales
from Weitron's Reported Sales
Comment 24: Whether to Apply Subsidy Offset to Weitron's Margin
Recommendation
[FR Doc. 2014-24903 Filed 10-17-14; 8:45 am]
BILLING CODE 3510-DS-P