Hydrofluorocarbon Blends and Components Thereof From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 42314-42318 [2016-15298]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Hydrofluorocarbon Blends and
Components Thereof From the
People’s Republic of China: Final
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of hydrofluorocarbon blends
and components thereof (HFCs) from
the People’s Republic of China (PRC) are
being, or 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). In
addition, we determine that critical
circumstances exist with respect to
imports of the subject merchandise. The
final weighted-average dumping
margins for this investigation are listed
in the ‘‘Final Determination Margins’’
section below. The period of
investigation is October 1, 2014, through
March 31, 2015.
DATES: Effective Date: June 29, 2016.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Dennis McClure,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3874 or (202) 482–5973.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 1, 2016, the Department
published the preliminary
determination of sales at LTFV of HFCs
from the PRC.1 The following events
occurred since the Preliminary
Determination was issued.
In February and March 2016, the
Department attempted to verify the sales
and factors of production (FOP)
information submitted by Huantai
Dongyue International Trade Co., Ltd.
and Shandong Dongyue Chemical Co.,
Ltd. (collectively, Dongyue), in
accordance with section 782(i) of the
1 See Hydrofluorocarbon Blends and Components
Thereof From the People’s Republic of China:
Preliminary Determination of Sales at Less than
Fair Value, Affirmative Preliminary Determination
of Critical Circumstances, in Part, and
Postponement of Final Determination, 81 FR 5098
(February 1, 2016) and accompanying Decision
Memorandum (Preliminary Determination).
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Act. However, as discussed in more
detail below in the the ‘‘Verification’’
section of this notice, we find that
Dongyue’s reported data, including its
separate rate application, are
unverifiable, and thus cannot serve as a
reliable basis for reaching a
determination in this investigation. As a
result, we are considering Dongyue to be
part of the PRC-wide entity.
In March 2016, we verified the sales
and FOP information submitted by T.T.
International Co., Ltd. (TTI), in
accordance with section 782(i) of the
Act.
We invited interested party comments
on the preliminary determination in this
investigation. In April 2016, the
petitioners,2 the two mandatory
respondents (Dongyue and TTI), a U.S.
manufacturer of HFCs (National
Refrigerants, Inc.), and various
companies claiming separate rates
(Taizhou Qingsong Refrigerant New
Material Co., Ltd.; Daikin America and
Daikin Fluorochemicals (China) Co.,
Ltd. (Daikin); Weitron International
Refrigeration Equipment (Kunshan) Co.,
Ltd. and Weitron, Inc. (Weitron);
Zhejiang Sanmei Chemical Ind. Co., Ltd.
(Zhejiang Sanmei Chemical Industry
Co., Ltd.) (Sanmei); Zhejiang Quhua
Fluor-Chemistry Co., Ltd. (Quhua);
Zhejiang Quzhou Lianzhou Refrigerants
Co., Ltd. (Lianzhou); Zhejiang Yonghe
Refrigerant Co., Ltd. (Zhejiang Yonghe);
Jinhua Yonghe Fluorochemical Co., Ltd.
(Jinhua Yonghe); and Shandong Huaan
New Material Co., Ltd. (Huaan))
submitted case and rebuttal briefs
regarding issues unrelated to the scope
of this investigation.
In May 2016, we issued memoranda
analyzing certain comments received on
the scope of this investigation,3 and we
invited comments related to this
analysis. In this same month, the
petitioners and various interested
parties submitted case briefs, and the
petitioners also submitted a rebuttal
brief. On June 2, 2016, the Department
held a public hearing.
2 The petitioners in this case are The American
HFC Coalition and its individual members and
District Lodge 154 of the International Association
of Machinists and Aerospace Workers.
3 See the Memoranda to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Melissa
Skinner, Director, Office II, entitled‘‘Antidumping
Duty Investigation of Hydrofluorocarbon Blends
and Components (HFCs) from the People’s Republic
of China (PRC): Analysis of Scope Comments Made
by Refrigerant Solutions Limited’’; and
‘‘Antidumping Duty Investigation of
Hydrofluorocarbon Blends and Components (HFCs)
from the People’s Republic of China (PRC): Analysis
of Certain Scope Comments,’’ dated May 3, 2016.
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Scope of the Investigation
The scope of the investigation covers
HFCs and single HFC components of
those blends thereof, whether or not
imported for blending. For a complete
description of the scope of the
investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum.4 A list of
the issues raised is attached to this
notice as Appendix II. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and it is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
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Verification
As provided in section 782(i) of the
Act, in March 2016, we verified the
sales and FOP information submitted by
TTI for use in our final determination.
We used standard verification
procedures, including an examination of
relevant accounting and production
records, and original source documents
provided by TTI.5
In addition, as provided in section
782(i) of the Act, in February and March
4 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, regarding ‘‘Issues
and Decision Memorandum for the Final
Affirmative Determination in the Less-Than-FairValue Investigation of Hydrofluorocarbon Blends
and Components Thereof from the People’s
Republic of China,’’ dated concurrently with this
notice (Issues and Decision Memorandum).
5 See Memorandum to The File, from Dennis
McClure and Manuel Rey, Analysts, AD/CVD
Operations, Office II, entitled ‘‘Verification of the
Responses of T.T. International Co., Ltd. in the
Antidumping Duty Investigation of
Hydrofluorocarbon Blends and Components
Thereof from the People’s Republic of China’’ dated
April 6, 2016, and Memorandum to The File, from
Dennis McClure and Manuel Rey, Analysts, AD/
CVD Operations, Office II, entitled ‘‘Verification of
the Responses of Sinochem Environmental
Protection Chemicals (Taicang) Co., Ltd. in the
Antidumping Duty Investigation of
Hydrofluorocarbon Blend and Components Thereof
from the People’s Republic of China,’’ dated April
5, 2016.
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2016, we also attempted to verify the
sales and FOP information submitted by
Dongyue, using standard verification
procedures.6 However, as noted in the
Dongyue Verification Report, the
Department was unable to validate the
accuracy of Dongyue’s accounting
system.7 As a consequence, we find that
Dongyue’s reported data is unverifiable,
and thus cannot serve as a reliable basis
for reaching a determination in this
investigation.8 Furthermore, we find
that Dongyue was unable to support its
separate rates claim at verification.
Specifically, because Dongyue was
unable to establish the integrity of its
accounting system at verification, and
the information contained in a
company’s accounting system is integral
to the proper evaluation of its seprate
rates eligibility, we find that all of the
information derived from it is
unverifiable. As a result, we find
Dongyue to be part of the PRC-wide
entity. For further discussion, see the
Issues and Decision Memorandum at
Comment 14.
Changes to the Margin Calculations
Since the Preliminary Determination
Based on the Department’s analysis of
the comments received and our findings
at verification, we made certain changes
to our margin calculations for TTI. For
a discussion of these changes, see the
Issues and Decision Memorandum.
Combination Rates
In the Initiation Notice,9 the
Department stated that it would
calculate combination rates for
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.10
Final Affirmative Determination of
Critical Circumstances, in Part
For the Preliminary Determination,
the Department found that critical
6 See Memorandum to the File from Manuel Rey,
Analyst, AD/CVD Operations, Office II, entitled,
‘‘Verification of the Responses of Huantai Dongyue
International Trade Co., Ltd. and Shandong
Dongyue Chemical Co., Ltd. in the Antidumping
Duty Investigation of Hydrofluorocarbon Blends
and Components Thereof from the People’s
Republic of China,’’ dated March 25, 2016 (Dongyue
Verification Report).
7 See Dongyue Verification Report, at 2.
8 See sections 782(e)(2) and (3) of the Act.
9 See Hydrofluorocarbon Blends and Components
Thereof From the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 80
FR 43387, 43391 (July 22, 2015).
10 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/bull05pdf.
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circumstances exist with respect to
imports of HFCs from the PRC produced
or exported by TTI and the PRC-wide
entity, and we found that critical
circumstances did not exist with respect
to imports of HFCs from Dongyue and
the companies to which we granted a
separate rate (hereafter, ‘‘separate rates
companies’’).11 We are not modifying
our critical circumstances findings for
TTI, the separate rates companies, and
the PRC-wide entity for the final
determination. However, as noted
above, we find that Dongyue is not
eligible for a separate rate in this
investigation, and, thus, we are no
longer making a separate critical
circumstances finding with respect to
this company. For further discussion,
see the Issues and Decision
Memorandum at Comment 7. Thus,
pursuant to section 735(a)(3)(B) of the
Act and 19 CFR 351.206(h)(1)–(2), we
find that critical circumstances exist
with respect to subject merchandise
produced or exported by all respondents
in this investigation except the separate
rates companies.
Separate Rates
In the Preliminary Determination, we
found that evidence provided by Huaan,
Jinhua Yonghe, Zhejiang Yonghe, and
Sanmei supported finding an absence of
both de jure and de facto government
control, and, therefore, we preliminarily
granted a separate rate to each of these
companies.12 In addition, in the
Preliminary Determination, we found
that Daikin and Weitron are wholly
foreign-owned and do not require the
Department to conduct further analyses
of the de jure and de facto criteria to
determine whether Daikin or Weitron is
independent from government
control.13 We received no information
since the issuance of the Preliminary
Determination that provides a basis for
reconsidering these determinations.
Therefore, for the final determination,
we continue to find that Huaan, Jinhua
Yonghe, Zhejiang Yonghe, and Sanmei,
Daikin, and Weitron are eligible for
separate rates.
With respect to Zhejiang Lantian
Environmental Protection Fluoro
Material Co., Ltd. (Lantian Fluoro),
Lianzhou, Sinochem Lantian Trade Co.,
Ltd. (Sinochem Lantian), Quhua, and
11 See Preliminary Determination, and
accompanying Preliminary Decision Memorandum
at 23.
12 Id., and accompanying Preliminary Decision
Memorandum at 20–23. We also assigned Dongyue
and TTI separate rates. See Preliminary
Determination, 81 FR at 5099. However, we now
find that Dongyue is no longer eligible for a separate
rate. See the Issues and Decision Memorandum at
Comment 14.
13 Id.
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Sinochem Environmental Protection
Chemicals (Taicang) Co. Ltd. (Taicang),
however, we determined in the
Preliminary Determination that these
companies failed to demonstrate an
absence of de facto government control,
and, thus, the Department did not grant
Lantian Fluoro, Lianzhou, Sinochem
Lantian, Quhua, and Taicang separate
rates. For this final determination, we
continue to find, based on record
evidence, that Lantian Fluoro,
Lianzhou, Sinochem Lantian, Quhua,
and Taicang failed to demonstrate an
absence of de facto government control,
and we are therefore not granting these
companies separate rates. For further
discussion of this issue, see the Issues
and Decision Memorandum at Comment
8.
Under section 735(c)(5)(A) of the Act,
the rate for all other companies that
have not been individually examined is
normally an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely on the
basis of facts available. In this final
determination, the Department has
calculated a rate for TTI that is not zero,
de minimis, or based entirely on facts
available. Therefore, the Department has
assigned to the companies that have not
been individually examined, but have
demonstrated their eligibility for a
separate rate, a margin of 101.82
percent, which is the rate for TTI.
PRC-Wide Rate
In our Preliminary Determination, we
found that the PRC-wide entity, which
includes Lantian Trade, Taicang,
Lantian Environmental, Quhua, and
Lianzhou, and other PRC exporters and/
or producers of the merchandise under
consideration during the POI did not
respond to the Department’s quantity
and value questionnaire. As a result, we
preliminarily calculated the PRC-wide
rate on the basis of adverse facts
available (AFA).14 For the final
determination, we determined to use, as
the AFA rate applied to the PRC-wide
entity, 216.37 percent, the highest
transaction-specific dumping margin
calculated in the final determination. As
we explained in the Preliminary
Determination, we attempt to
corroborate the highest margin
contained in the Petition (i.e., 300.30
percent) by comparing it to the highest
calculated transaction-specific margin.15
We determined that the highest
transaction-specific margin
demonstrates that the Petition rate of
300.30 percent does not have probative
value. Therefore, we determined that we
are unable to corroborate the 300.30
percent rate and, consequently, we used
TTI’s highest calculated transactionspecific margin as the PRC-wide rate.16
For these same reasons, in the final
determination, we continued to base the
PRC-wide rate on TTI’s highest
transaction-specific margin, which is
now 216.37 percent. Furthermore, there
is no need to corroborate the selected
margin because it is based on
information submitted by TTI in the
course of this investigation (i.e., it is not
secondary information).
Final Determination Margins
The Department determines that the
final weighted-average dumping
margins, and cash deposit rates are as
follows:
Weightedaverage
margin
(%)
Exporter
Producer
T.T. International Co., Ltd.17 .....................................
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. ........................................
Daikin Fluorochemicals (China) Co., Ltd ...................
Daikin Fluorochemicals (China) Co., Ltd ...................
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd .................
Zhejiang Lantian Environmental Protection Fluoro Material Co. Ltd.* .............
Jinhua Yonghe Fluorochemical Co., Ltd ...........................................................
Zhejiang Sanmei Chemical Industry Co., Ltd ...................................................
Shandong Huaan New Material Co., Ltd. .........................................................
Zhejiang Zhonglan Refrigeration Technology Co., Ltd .....................................
Dongyang Weihua Refrigerants Co., Ltd. .........................................................
Daikin Fluorochemicals (China) Co., Ltd. .........................................................
Arkema Daikin Advanced Fluorochemicals (Changsu) Co., Ltd. (Arkema
Daikin). **
Zhejiang Yonghe Refrigerant Co., Ltd ..............................................................
Shandong Huaan New Material Co., Ltd ..........................................................
Zhejiang Lantian Environmental Protection Fluoro Material Co., Ltd ...............
101.82
101.82
101.82
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd .................
101.82
Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd ............................................
101.82
Zhejiang Sanmei Chemical Industry Co., Ltd ...................................................
101.82
Jinhua Yonghe Fluorochemical Co., Ltd ...........................................................
Zhejiang Sanmei Chemical Industry Co., Ltd. (Zhejiang Sanmei Chemical Industry Co., Ltd.). ***
Jiangsu Sanmei Chemicals Co., Ltd .................................................................
101.82
101.82
............................................................................................................................
216.37
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Jinhua Yonghe Fluorochemical Co., Ltd ...................
Shandong Huaan New Material Co., Ltd ..................
Weitron International Refrigeration Equipment
(Kunshan) Co., Ltd.
Weitron International Refrigeration Equipment
(Kunshan) Co., Ltd.
Weitron International Refrigeration Equipment
(Kunshan) Co., Ltd.
Weitron International Refrigeration Equipment
(Kunshan) Co., Ltd.
Zhejiang Yonghe Refrigerant Co., Ltd ......................
Zhejiang Sanmei Chemical Industry Co., Ltd.
(Zhejiang Sanmei Chemical Industry Co., Ltd.). ***
Zhejiang Sanmei Chemical Industry Co., Ltd.
(Zhejiang Sanmei Chemical Industry Co., Ltd.). ***
PRC-Wide Entity 18 ....................................................
101.82
101.82
101.82
101.82
101.82
101.82
101.82
101.82
101.82
101.82
* In the Preliminary Determination, we used an incorrect name for TTI’s supplier Zhejiang Lantian Environmental Protection Fluoro Material Co.
Ltd. (i.e., Zhejiang Lantian Environmental Protection Flourine Materials Co. Ltd.). For further discussion, see the Issues and Decision Memorandum at Comment 12.
** In the Preliminary Determination, we failed to assign a combination rate to this producer/exporter combination for Daikin. For further discussion, see the Issues and Decision Memorandum at Comment 12.
*** In the Preliminary Determination, we failed to include the name by which Sanmei is also known in Sanmei’s producer/exporter combination
rates. For further discussion, see the Issues and Decision Memorandum at Comment 12.
14 Id.,
at 25.
the Preliminary Determination, we compared
the highest Petition margin to the transaction15 In
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specific margins for both Dongyue and TTI, finding
TTI’s to be the highest. Id. However, in the final
determination, we used only the transaction-
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specific margins for TTI in our comparison because
we find Dongyue to be part of the PRC-wide entity.
16 Id., at 27–28.
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Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
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Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
HFCs from the PRC for the companies
receiving a separate rate which were
entered, or withdrawn from warehouse,
for consumption on or after February 1,
2016, the date of publication of the
preliminary determination of this
investigation in the Federal Register.
For entries made by TTI and the PRCwide entity, in accordance with section
735(c)(4)(B) of the Act, because we
continue to find that critical
circumstances exist, we will instruct
CBP to continue to suspend liquidation
of all appropriate entries of HFCs from
the PRC which were entered, or
withdrawn from warehouse, for
consumption on or after November 3,
2015, which is 90 days prior to the date
of publication of the preliminary
determination of this investigation in
the Federal Register. Finally, because
we now find that Dongyue is part of the
PRC-wide entity, we will also instruct
CBP to suspend liquidation of all
appropriate entries of HFCs from the
PRC from Dongyue which were entered,
or withdrawn from warehouse, for
consumption on or after November 3,
2015, in accordance with section
735(c)(4)(B) of the Act.
Further, pursuant to section
735(c)(1)(B)(ii) of the Act, the
Department will instruct CBP to require
a cash deposit equal to the amount by
which normal value exceeds U.S. price
as follows: (1) For the exporter/producer
combinations listed in the table above,
the cash deposit rate will be equal to the
dumping margin which the Department
determined in this final determination;
17 In this investigation, the Department
determined to treat T.T. International, Ltd. (Dalian)
and T.T. International Ltd. (Hong Kong) as a single
entity (i.e., T.T. International Co., Ltd. or TTI) for
purposes of this antidumping duty proceeding. See
the memorandum to Melissa G. Skinner, Director,
Office II, from Dennis McClure, International Trade
Analyst, entitled, ‘‘Antidumping Duty Investigation
of Hydrofluorocarbons from the People’s Republic
of China: Affiliation and Single Entity Status,’’
dated concurrently with this determination.
18 This also includes Dongyue, Lantian Trade,
Taicang, Lantian Environmental, Quhua, and
Lianzhou.
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(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. The
suspension of liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our final determination. As our 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 or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that such injury exists, 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 will serve as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act.
Dated: June 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The products subject to this investigation
are HFCs and single HFC components of
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42317
those blends thereof, whether or not
imported for blending. HFC blends covered
by the scope are R–404A, a zeotropic mixture
consisting of 52 percent 1,1,1
Trifluoroethane, 44 percent
Pentafluoroethane, and 4 percent 1,1,1,2Tetrafluoroethane; R–407A, a zeotropic
mixture of 20 percent Difluoromethane, 40
percent Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R–407C, a
zeotropic mixture of 23 percent
Difluoromethane, 25 percent
Pentafluoroethane, and 52 percent 1,1,1,2Tetrafluoroethane; R–410A, a zeotropic
mixture of 50 percent Difluoromethane and
50 percent Pentafluoroethane; and R–507A,
an azeotropic mixture of 50 percent
Pentafluoroethane and 50 percent 1,1,1Trifluoroethane also known as R–507. The
foregoing percentages are nominal
percentages by weight. Actual percentages of
single component refrigerants by weight may
vary by plus or minus two percent points
from the nominal percentage identified
above.19
The single component HFCs covered by the
scope are R–32, R–125, and R–143a. R–32 or
Difluoromethane has the chemical formula
CH2F2, and is registered as CAS No. 75–10–
5. It may also be known as HFC–32, FC–32,
Freon-32, Methylene difluoride, Methylene
fluoride, Carbon fluoride hydride, halocarbon
R32, fluorocarbon R32, and UN 3252. R–125
or 1,1,1,2,2-Pentafluoroethane has the
chemical formula CF3CHF2 and is registered
as CAS No. 354–33–6. R–125 may also be
known as R–125, HFC–125,
Pentafluoroethane, Freon 125, and Fc-125, R–
125. R–143a or 1,1,1-Trifluoroethane has the
chemical formula CF3CH3 and is registered
as CAS No. 420–46–2. R–143a may also be
known as R–143a, HFC–143a,
Methylfluoroform, 1,1,1-Trifluoroform, and
UN2035.
Also included are semi-finished blends of
Chinese HFC components. Except as
described below, semi-finished blends are
blends of two Chinese HFCs components
(i.e., R–32, R–125, and R–143a), as well as
blends of any one of these components with
Chinese R–134a, that are used to produce the
subject HFC blends that have not been
blended to the specific proportions required
to meet the definition of one of the subject
HFC blends described above (R–404A, R–
407A, R–407C, R–410A, and R–507A).
This investigation includes any Chinese
HFC components (i.e., R–32, R–125, and R–
19 R–404A is sold under various trade names,
including Forane® 404A, Genetron® 404A,
Solkane® 404A, Klea® 404A, and Suva®404A. R–
407A is sold under various trade names, including
Forane® 407A, Solkane® 407A, Klea®407A, and
Suva®407A. R–407C is sold under various trade
names, including Forane® 407C, Genetron® 407C,
Solkane® 407C, Klea® 407C and Suva® 407C. R–
410A is sold under various trade names, including
EcoFluor R410, Forane® 410A, Genetron® R410A
and AZ–20, Solkane® 410A, Klea® 410A, Suva®
410A, and Puron®. R–507A is sold under various
trade names, including Forane® 507, Solkane® 507,
Klea®507, Genetron®AZ–50, and Suva®507. R–32 is
sold under various trade names, including
Solkane®32, Forane®32, and Klea®32. R–125 is sold
under various trade names, including Solkane®125,
Klea®125, Genetron®125, and Forane®125. R–143a
is sold under various trade names, including
Solkane®143a, Genetron®143a, and Forane®125.
E:\FR\FM\29JNN1.SGM
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42318
Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices
143a), as well as Chinese R–134a,20 that are
blended in a third country to produce a
subject HFC blend before being imported into
the United States. Chinese R–134a is not
subject to the scope of this investigation
unless it is blended with another Chinese
HFC component (i.e., R–32, R–125, and R–
143a) into a subject blend or semi-finished
blend before being imported into the United
States.
Any blend or semi-finished blend that
includes an HFC component other than R–32,
R–125, R–143a, or R–134a is excluded from
the scope of this investigation. Furthermore,
semi-finished blends do not include any
blends containing both HFCs R–32 and R–
143a. Single-component HFCs and semifinished HFC blends are not excluded from
the scope of this investigation when blended
with HFCs from non-subject countries.
Excluded from this investigation are blends
of refrigerant chemicals that include products
other than HFCs, such as blends including
chlorofluorocarbons (CFCs),
hydrochlorofluorocarbons (HCFCs),
hydrocarbons (HCs), or hydrofluoroolefins
(HFOs).
Also excluded from this investigation are
patented HFC blends, including, but not
limited to, ISCEON® blends, including
MO99TM (R–438A), MO79 (R–422A), MO59
(R–417A), MO49PlusTM (R–437A) and
MO29TM (R–4 22D), Genetron® PerformaxTM
LT (R–407F), Choice® R–421A, and Choice®
R–421B.
HFC blends covered by the scope of this
investigation are currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) at subheadings 3824.78.0020
and 3824.78.0050. Single component HFCs
are currently classified at subheadings
2903.39.2035 and 2903.39.2045, HTSUS.21
Although the HTSUS subheadings and CAS
registry numbers are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues
1. Number of Classes or Kinds of
Merchandise
2. Addition of the Word ‘‘Refrigerants’’
3. Semi-Finished Blends
4. Third Country Blending
5. Patented Blends and Non-Named HFC
Blends
6. Voluntary Respondents
7. Critical Circumstances
20 However, if the only Chinese content of such
a third country blend is the R–134a portion, then
such a third country blend is excluded from the
scope of this investigation.
21 We note that HFC blends were classified at
HTSUS subheading 3824.78.0000 and single
component HFCs were classified at HTSUS
subheading 2903.39.2030 in 2015.
VerDate Sep<11>2014
17:18 Jun 28, 2016
Jkt 238001
8. Companies Owned by a State-Owned
Enterprise
9. Authority to Base the PRC-Wide Rate on
AFA
10. Rejection of Qingsong’s Quantity and
Value and Separate Rates Responses
11. Rate Assigned to Separate Rates
Companies
12. Ministerial Errors in Certain
Combination Rates
13. Verification Failure for Dongyue
14. The Margin Assigned to Dongyue
15. Moot Arguments for Dongyue
16. AFA for TTI
17. Whether TTI or its Supplier is the
Respondent
18. Value Added Tax Paid by the Suppliers
19. Selling Expenses Incurred by TT Hong
Kong
20. Freight Expenses Paid to a Non-Market
Economy Provider
21. Movement Expenses Paid by the
Suppliers
22. Zip Codes Used in the Differential
Pricing Analysis
23. Factors of Production (FOPs) Reported
Based on the Accounting or Calendar
Month
24. FOPs for Catalyst
25. Energy FOPs
26. Granting a By-Product Offset for
Hydrochloric Acid (HCL) and Hydrogen
Fluoride
27. Whether the By-Product Adjustment
Should be Based on Sales or Production
Quantity
28. Surrogate Value for HCL
29. Surrogate Value for Anhydrous
Hydrogen Fluoride
30. Surrogate Financial Statements
31. Margin Calculation Errors
VIII. Recommendation
Light Street, Baltimore, MD 21202;
telephone: 410–234–0550.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331 or on their
Web site at www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION:
Agenda
Agenda items to be discussed at the
SSC meeting include: Review fishery
performance report and multi-year ABC
specifications for summer flounder,
scup, black sea bass and bluefish;
MAFMC risk policy and assignment of
CVs for Mid-Atlantic assessments; and,
if time permits, review and discuss the
Council’s EAFM Guidance Document.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to M. Jan Saunders,
(302) 526–5251, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
[FR Doc. 2016–15298 Filed 6–28–16; 8:45 am]
Dated: June 24, 2016.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
BILLING CODE 3510–DS–P
[FR Doc. 2016–15367 Filed 6–28–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE702
Mid-Atlantic Fishery Management
Council (MAFMC); Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Scientific and Statistical
Committee (SSC) of the Mid-Atlantic
Fishery Management Council (Council)
will meet July 20, 2016, through July 21,
2016.
DATES: The meeting will begin at 10 a.m.
on Wednesday July 20, 2016, and end at
12 p.m. on Thursday, July 21, 2016. For
agenda details, see SUPPLEMENTARY
INFORMATION.
ADDRESSES: The meeting will be held at
the Royal Sonesta Harbor Court, 550
SUMMARY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE498
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Installation
of the Block Island Wind Farm Export
and Inter-Array Cables
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with
regulations implementing the Marine
Mammal Protection Act (MMPA),
notification is hereby given that NMFS
has issued an Incidental Harassment
Authorization (IHA) to Deepwater Wind
Block Island, LLC (DWBI) to take marine
SUMMARY:
E:\FR\FM\29JNN1.SGM
29JNN1
]]>Agencies
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42314-42318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15298]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends and Components Thereof From the People's
Republic of China: Final Determination of Sales at Less Than Fair Value
and Final Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of hydrofluorocarbon blends and components thereof (HFCs) from
the People's Republic of China (PRC) are being, or 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). In
addition, we determine that critical circumstances exist with respect
to imports of the subject merchandise. The final weighted-average
dumping margins for this investigation are listed in the ``Final
Determination Margins'' section below. The period of investigation is
October 1, 2014, through March 31, 2015.
DATES: Effective Date: June 29, 2016.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Dennis McClure,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874 or (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2016, the Department published the preliminary
determination of sales at LTFV of HFCs from the PRC.\1\ The following
events occurred since the Preliminary Determination was issued.
---------------------------------------------------------------------------
\1\ See Hydrofluorocarbon Blends and Components Thereof From the
People's Republic of China: Preliminary Determination of Sales at
Less than Fair Value, Affirmative Preliminary Determination of
Critical Circumstances, in Part, and Postponement of Final
Determination, 81 FR 5098 (February 1, 2016) and accompanying
Decision Memorandum (Preliminary Determination).
---------------------------------------------------------------------------
In February and March 2016, the Department attempted to verify the
sales and factors of production (FOP) information submitted by Huantai
Dongyue International Trade Co., Ltd. and Shandong Dongyue Chemical
Co., Ltd. (collectively, Dongyue), in accordance with section 782(i) of
the Act. However, as discussed in more detail below in the the
``Verification'' section of this notice, we find that Dongyue's
reported data, including its separate rate application, are
unverifiable, and thus cannot serve as a reliable basis for reaching a
determination in this investigation. As a result, we are considering
Dongyue to be part of the PRC-wide entity.
In March 2016, we verified the sales and FOP information submitted
by T.T. International Co., Ltd. (TTI), in accordance with section
782(i) of the Act.
We invited interested party comments on the preliminary
determination in this investigation. In April 2016, the petitioners,\2\
the two mandatory respondents (Dongyue and TTI), a U.S. manufacturer of
HFCs (National Refrigerants, Inc.), and various companies claiming
separate rates (Taizhou Qingsong Refrigerant New Material Co., Ltd.;
Daikin America and Daikin Fluorochemicals (China) Co., Ltd. (Daikin);
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. and
Weitron, Inc. (Weitron); Zhejiang Sanmei Chemical Ind. Co., Ltd.
(Zhejiang Sanmei Chemical Industry Co., Ltd.) (Sanmei); Zhejiang Quhua
Fluor[hyphen]Chemistry Co., Ltd. (Quhua); Zhejiang Quzhou Lianzhou
Refrigerants Co., Ltd. (Lianzhou); Zhejiang Yonghe Refrigerant Co.,
Ltd. (Zhejiang Yonghe); Jinhua Yonghe Fluorochemical Co., Ltd. (Jinhua
Yonghe); and Shandong Huaan New Material Co., Ltd. (Huaan)) submitted
case and rebuttal briefs regarding issues unrelated to the scope of
this investigation.
---------------------------------------------------------------------------
\2\ The petitioners in this case are The American HFC Coalition
and its individual members and District Lodge 154 of the
International Association of Machinists and Aerospace Workers.
---------------------------------------------------------------------------
In May 2016, we issued memoranda analyzing certain comments
received on the scope of this investigation,\3\ and we invited comments
related to this analysis. In this same month, the petitioners and
various interested parties submitted case briefs, and the petitioners
also submitted a rebuttal brief. On June 2, 2016, the Department held a
public hearing.
---------------------------------------------------------------------------
\3\ See the Memoranda to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Melissa Skinner, Director, Office II, entitled``Antidumping Duty
Investigation of Hydrofluorocarbon Blends and Components (HFCs) from
the People's Republic of China (PRC): Analysis of Scope Comments
Made by Refrigerant Solutions Limited''; and ``Antidumping Duty
Investigation of Hydrofluorocarbon Blends and Components (HFCs) from
the People's Republic of China (PRC): Analysis of Certain Scope
Comments,'' dated May 3, 2016.
---------------------------------------------------------------------------
[[Page 42315]]
Scope of the Investigation
The scope of the investigation covers HFCs and single HFC
components of those blends thereof, whether or not imported for
blending. For a complete description of the scope of the investigation,
see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision
Memorandum.\4\ A list of the issues raised is attached to this notice
as Appendix II. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, regarding ``Issues and Decision
Memorandum for the Final Affirmative Determination in the Less-Than-
Fair-Value Investigation of Hydrofluorocarbon Blends and Components
Thereof from the People's Republic of China,'' dated concurrently
with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in March 2016, we
verified the sales and FOP information submitted by TTI for use in our
final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by TTI.\5\
---------------------------------------------------------------------------
\5\ See Memorandum to The File, from Dennis McClure and Manuel
Rey, Analysts, AD/CVD Operations, Office II, entitled ``Verification
of the Responses of T.T. International Co., Ltd. in the Antidumping
Duty Investigation of Hydrofluorocarbon Blends and Components
Thereof from the People's Republic of China'' dated April 6, 2016,
and Memorandum to The File, from Dennis McClure and Manuel Rey,
Analysts, AD/CVD Operations, Office II, entitled ``Verification of
the Responses of Sinochem Environmental Protection Chemicals
(Taicang) Co., Ltd. in the Antidumping Duty Investigation of
Hydrofluorocarbon Blend and Components Thereof from the People's
Republic of China,'' dated April 5, 2016.
---------------------------------------------------------------------------
In addition, as provided in section 782(i) of the Act, in February
and March 2016, we also attempted to verify the sales and FOP
information submitted by Dongyue, using standard verification
procedures.\6\ However, as noted in the Dongyue Verification Report,
the Department was unable to validate the accuracy of Dongyue's
accounting system.\7\ As a consequence, we find that Dongyue's reported
data is unverifiable, and thus cannot serve as a reliable basis for
reaching a determination in this investigation.\8\ Furthermore, we find
that Dongyue was unable to support its separate rates claim at
verification. Specifically, because Dongyue was unable to establish the
integrity of its accounting system at verification, and the information
contained in a company's accounting system is integral to the proper
evaluation of its seprate rates eligibility, we find that all of the
information derived from it is unverifiable. As a result, we find
Dongyue to be part of the PRC-wide entity. For further discussion, see
the Issues and Decision Memorandum at Comment 14.
---------------------------------------------------------------------------
\6\ See Memorandum to the File from Manuel Rey, Analyst, AD/CVD
Operations, Office II, entitled, ``Verification of the Responses of
Huantai Dongyue International Trade Co., Ltd. and Shandong Dongyue
Chemical Co., Ltd. in the Antidumping Duty Investigation of
Hydrofluorocarbon Blends and Components Thereof from the People's
Republic of China,'' dated March 25, 2016 (Dongyue Verification
Report).
\7\ See Dongyue Verification Report, at 2.
\8\ See sections 782(e)(2) and (3) of the Act.
---------------------------------------------------------------------------
Changes to the Margin Calculations Since the Preliminary Determination
Based on the Department's analysis of the comments received and our
findings at verification, we made certain changes to our margin
calculations for TTI. For a discussion of these changes, see the Issues
and Decision Memorandum.
Combination Rates
In the Initiation Notice,\9\ the Department stated that it would
calculate combination rates for respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.\10\
---------------------------------------------------------------------------
\9\ See Hydrofluorocarbon Blends and Components Thereof From the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation, 80 FR 43387, 43391 (July 22, 2015).
\10\ 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-pdf.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances, in Part
For the Preliminary Determination, the Department found that
critical circumstances exist with respect to imports of HFCs from the
PRC produced or exported by TTI and the PRC-wide entity, and we found
that critical circumstances did not exist with respect to imports of
HFCs from Dongyue and the companies to which we granted a separate rate
(hereafter, ``separate rates companies'').\11\ We are not modifying our
critical circumstances findings for TTI, the separate rates companies,
and the PRC-wide entity for the final determination. However, as noted
above, we find that Dongyue is not eligible for a separate rate in this
investigation, and, thus, we are no longer making a separate critical
circumstances finding with respect to this company. For further
discussion, see the Issues and Decision Memorandum at Comment 7. Thus,
pursuant to section 735(a)(3)(B) of the Act and 19 CFR 351.206(h)(1)-
(2), we find that critical circumstances exist with respect to subject
merchandise produced or exported by all respondents in this
investigation except the separate rates companies.
---------------------------------------------------------------------------
\11\ See Preliminary Determination, and accompanying Preliminary
Decision Memorandum at 23.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Determination, we found that evidence provided
by Huaan, Jinhua Yonghe, Zhejiang Yonghe, and Sanmei supported finding
an absence of both de jure and de facto government control, and,
therefore, we preliminarily granted a separate rate to each of these
companies.\12\ In addition, in the Preliminary Determination, we found
that Daikin and Weitron are wholly foreign-owned and do not require the
Department to conduct further analyses of the de jure and de facto
criteria to determine whether Daikin or Weitron is independent from
government control.\13\ We received no information since the issuance
of the Preliminary Determination that provides a basis for
reconsidering these determinations. Therefore, for the final
determination, we continue to find that Huaan, Jinhua Yonghe, Zhejiang
Yonghe, and Sanmei, Daikin, and Weitron are eligible for separate
rates.
---------------------------------------------------------------------------
\12\ Id., and accompanying Preliminary Decision Memorandum at
20-23. We also assigned Dongyue and TTI separate rates. See
Preliminary Determination, 81 FR at 5099. However, we now find that
Dongyue is no longer eligible for a separate rate. See the Issues
and Decision Memorandum at Comment 14.
\13\ Id.
---------------------------------------------------------------------------
With respect to Zhejiang Lantian Environmental Protection Fluoro
Material Co., Ltd. (Lantian Fluoro), Lianzhou, Sinochem Lantian Trade
Co., Ltd. (Sinochem Lantian), Quhua, and
[[Page 42316]]
Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd.
(Taicang), however, we determined in the Preliminary Determination that
these companies failed to demonstrate an absence of de facto government
control, and, thus, the Department did not grant Lantian Fluoro,
Lianzhou, Sinochem Lantian, Quhua, and Taicang separate rates. For this
final determination, we continue to find, based on record evidence,
that Lantian Fluoro, Lianzhou, Sinochem Lantian, Quhua, and Taicang
failed to demonstrate an absence of de facto government control, and we
are therefore not granting these companies separate rates. For further
discussion of this issue, see the Issues and Decision Memorandum at
Comment 8.
Under section 735(c)(5)(A) of the Act, the rate for all other
companies that have not been individually examined is normally an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely on the basis of facts available. In this
final determination, the Department has calculated a rate for TTI that
is not zero, de minimis, or based entirely on facts available.
Therefore, the Department has assigned to the companies that have not
been individually examined, but have demonstrated their eligibility for
a separate rate, a margin of 101.82 percent, which is the rate for TTI.
PRC-Wide Rate
In our Preliminary Determination, we found that the PRC-wide
entity, which includes Lantian Trade, Taicang, Lantian Environmental,
Quhua, and Lianzhou, and other PRC exporters and/or producers of the
merchandise under consideration during the POI did not respond to the
Department's quantity and value questionnaire. As a result, we
preliminarily calculated the PRC-wide rate on the basis of adverse
facts available (AFA).\14\ For the final determination, we determined
to use, as the AFA rate applied to the PRC-wide entity, 216.37 percent,
the highest transaction-specific dumping margin calculated in the final
determination. As we explained in the Preliminary Determination, we
attempt to corroborate the highest margin contained in the Petition
(i.e., 300.30 percent) by comparing it to the highest calculated
transaction-specific margin.\15\ We determined that the highest
transaction-specific margin demonstrates that the Petition rate of
300.30 percent does not have probative value. Therefore, we determined
that we are unable to corroborate the 300.30 percent rate and,
consequently, we used TTI's highest calculated transaction-specific
margin as the PRC-wide rate.\16\ For these same reasons, in the final
determination, we continued to base the PRC-wide rate on TTI's highest
transaction-specific margin, which is now 216.37 percent. Furthermore,
there is no need to corroborate the selected margin because it is based
on information submitted by TTI in the course of this investigation
(i.e., it is not secondary information).
---------------------------------------------------------------------------
\14\ Id., at 25.
\15\ In the Preliminary Determination, we compared the highest
Petition margin to the transaction-specific margins for both Dongyue
and TTI, finding TTI's to be the highest. Id. However, in the final
determination, we used only the transaction-specific margins for TTI
in our comparison because we find Dongyue to be part of the PRC-wide
entity.
\16\ Id., at 27-28.
---------------------------------------------------------------------------
Final Determination Margins
The Department determines that the final weighted-average dumping
margins, and cash deposit rates are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer margin
(%)
------------------------------------------------------------------------
T.T. International Co., Sinochem Environmental 101.82
Ltd.\17\. Protection Chemicals
(Taicang) Co., Ltd.
T.T. International Co., Ltd. Zhejiang Lantian Environmental 101.82
Protection Fluoro Material
Co. Ltd.*.
T.T. International Co., Ltd. Jinhua Yonghe Fluorochemical 101.82
Co., Ltd.
T.T. International Co., Ltd. Zhejiang Sanmei Chemical 101.82
Industry Co., Ltd.
T.T. International Co., Ltd. Shandong Huaan New Material 101.82
Co., Ltd..
T.T. International Co., Ltd. Zhejiang Zhonglan 101.82
Refrigeration Technology Co.,
Ltd.
T.T. International Co., Ltd. Dongyang Weihua Refrigerants 101.82
Co., Ltd..
Daikin Fluorochemicals Daikin Fluorochemicals (China) 101.82
(China) Co., Ltd. Co., Ltd..
Daikin Fluorochemicals Arkema Daikin Advanced 101.82
(China) Co., Ltd. Fluorochemicals (Changsu)
Co., Ltd. (Arkema Daikin). **
Jinhua Yonghe Fluorochemical Zhejiang Yonghe Refrigerant 101.82
Co., Ltd. Co., Ltd.
Shandong Huaan New Material Shandong Huaan New Material 101.82
Co., Ltd. Co., Ltd.
Weitron International Zhejiang Lantian Environmental 101.82
Refrigeration Equipment Protection Fluoro Material
(Kunshan) Co., Ltd. Co., Ltd.
Weitron International Sinochem Environmental 101.82
Refrigeration Equipment Protection Chemicals
(Kunshan) Co., Ltd. (Taicang) Co., Ltd.
Weitron International Zhejiang Quzhou Lianzhou 101.82
Refrigeration Equipment Refrigerants Co., Ltd.
(Kunshan) Co., Ltd.
Weitron International Zhejiang Sanmei Chemical 101.82
Refrigeration Equipment Industry Co., Ltd.
(Kunshan) Co., Ltd.
Zhejiang Yonghe Refrigerant Jinhua Yonghe Fluorochemical 101.82
Co., Ltd. Co., Ltd.
Zhejiang Sanmei Chemical Zhejiang Sanmei Chemical 101.82
Industry Co., Ltd. Industry Co., Ltd. (Zhejiang
(Zhejiang Sanmei Chemical Sanmei Chemical Industry Co.,
Industry Co., Ltd.). *** Ltd.). ***
Zhejiang Sanmei Chemical Jiangsu Sanmei Chemicals Co., 101.82
Industry Co., Ltd. Ltd.
(Zhejiang Sanmei Chemical
Industry Co., Ltd.). ***
PRC-Wide Entity \18\........ .............................. 216.37
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* In the Preliminary Determination, we used an incorrect name for TTI's
supplier Zhejiang Lantian Environmental Protection Fluoro Material Co.
Ltd. (i.e., Zhejiang Lantian Environmental Protection Flourine
Materials Co. Ltd.). For further discussion, see the Issues and
Decision Memorandum at Comment 12.
** In the Preliminary Determination, we failed to assign a combination
rate to this producer/exporter combination for Daikin. For further
discussion, see the Issues and Decision Memorandum at Comment 12.
*** In the Preliminary Determination, we failed to include the name by
which Sanmei is also known in Sanmei's producer/exporter combination
rates. For further discussion, see the Issues and Decision Memorandum
at Comment 12.
[[Page 42317]]
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, in
accordance with 19 CFR 351.224(b).
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\17\ In this investigation, the Department determined to treat
T.T. International, Ltd. (Dalian) and T.T. International Ltd. (Hong
Kong) as a single entity (i.e., T.T. International Co., Ltd. or TTI)
for purposes of this antidumping duty proceeding. See the memorandum
to Melissa G. Skinner, Director, Office II, from Dennis McClure,
International Trade Analyst, entitled, ``Antidumping Duty
Investigation of Hydrofluorocarbons from the People's Republic of
China: Affiliation and Single Entity Status,'' dated concurrently
with this determination.
\18\ This also includes Dongyue, Lantian Trade, Taicang, Lantian
Environmental, Quhua, and Lianzhou.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of HFCs from the PRC for
the companies receiving a separate rate which were entered, or
withdrawn from warehouse, for consumption on or after February 1, 2016,
the date of publication of the preliminary determination of this
investigation in the Federal Register. For entries made by TTI and the
PRC-wide entity, in accordance with section 735(c)(4)(B) of the Act,
because we continue to find that critical circumstances exist, we will
instruct CBP to continue to suspend liquidation of all appropriate
entries of HFCs from the PRC which were entered, or withdrawn from
warehouse, for consumption on or after November 3, 2015, which is 90
days prior to the date of publication of the preliminary determination
of this investigation in the Federal Register. Finally, because we now
find that Dongyue is part of the PRC-wide entity, we will also instruct
CBP to suspend liquidation of all appropriate entries of HFCs from the
PRC from Dongyue which were entered, or withdrawn from warehouse, for
consumption on or after November 3, 2015, in accordance with section
735(c)(4)(B) of the Act.
Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the
Department will instruct CBP to require a cash deposit equal to the
amount by which normal value exceeds U.S. price as follows: (1) For the
exporter/producer combinations 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. The
suspension of liquidation instructions will remain in effect until
further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final determination.
As our 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 or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that such injury exists, 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 will serve as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: June 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products subject to this investigation are HFCs and single
HFC components of those blends thereof, whether or not imported for
blending. HFC blends covered by the scope are R-404A, a zeotropic
mixture consisting of 52 percent 1,1,1 Trifluoroethane, 44 percent
Pentafluoroethane, and 4 percent 1,1,1,2-Tetrafluoroethane; R-407A,
a zeotropic mixture of 20 percent Difluoromethane, 40 percent
Pentafluoroethane, and 40 percent 1,1,1,2-Tetrafluoroethane; R-407C,
a zeotropic mixture of 23 percent Difluoromethane, 25 percent
Pentafluoroethane, and 52 percent 1,1,1,2-Tetrafluoroethane; R-410A,
a zeotropic mixture of 50 percent Difluoromethane and 50 percent
Pentafluoroethane; and R-507A, an azeotropic mixture of 50 percent
Pentafluoroethane and 50 percent 1,1,1-Trifluoroethane also known as
R-507. The foregoing percentages are nominal percentages by weight.
Actual percentages of single component refrigerants by weight may
vary by plus or minus two percent points from the nominal percentage
identified above.\19\
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\19\ R-404A is sold under various trade names, including
Forane[supreg] 404A, Genetron[supreg] 404A, Solkane[supreg] 404A,
Klea[supreg] 404A, and Suva[supreg]404A. R-407A is sold under
various trade names, including Forane[supreg] 407A, Solkane[supreg]
407A, Klea[supreg]407A, and Suva[supreg]407A. R-407C is sold under
various trade names, including Forane[supreg] 407C, Genetron[supreg]
407C, Solkane[supreg] 407C, Klea[supreg] 407C and Suva[supreg] 407C.
R-410A is sold under various trade names, including EcoFluor R410,
Forane[supreg] 410A, Genetron[supreg] R410A and AZ-20,
Solkane[supreg] 410A, Klea[supreg] 410A, Suva[supreg] 410A, and
Puron[supreg]. R-507A is sold under various trade names, including
Forane[supreg] 507, Solkane[supreg] 507, Klea[supreg]507,
Genetron[supreg]AZ-50, and Suva[supreg]507. R-32 is sold under
various trade names, including Solkane[supreg]32, Forane[supreg]32,
and Klea[supreg]32. R-125 is sold under various trade names,
including Solkane[supreg]125, Klea[supreg]125, Genetron[supreg]125,
and Forane[supreg]125. R-143a is sold under various trade names,
including Solkane[supreg]143a, Genetron[supreg]143a, and
Forane[supreg]125.
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The single component HFCs covered by the scope are R-32, R-125,
and R-143a. R-32 or Difluoromethane has the chemical formula CH2F2,
and is registered as CAS No. 75-10-5. It may also be known as HFC-
32, FC-32, Freon-32, Methylene difluoride, Methylene fluoride,
Carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN
3252. R-125 or 1,1,1,2,2-Pentafluoroethane has the chemical formula
CF3CHF2 and is registered as CAS No. 354-33-6. R-125 may also be
known as R-125, HFC-125, Pentafluoroethane, Freon 125, and Fc-125,
R-125. R-143a or 1,1,1-Trifluoroethane has the chemical formula
CF3CH3 and is registered as CAS No. 420-46-2. R-143a may also be
known as R-143a, HFC-143a, Methylfluoroform, 1,1,1-Trifluoroform,
and UN2035.
Also included are semi-finished blends of Chinese HFC
components. Except as described below, semi-finished blends are
blends of two Chinese HFCs components (i.e., R-32, R-125, and R-
143a), as well as blends of any one of these components with Chinese
R-134a, that are used to produce the subject HFC blends that have
not been blended to the specific proportions required to meet the
definition of one of the subject HFC blends described above (R-404A,
R-407A, R-407C, R-410A, and R-507A).
This investigation includes any Chinese HFC components (i.e., R-
32, R-125, and R-
[[Page 42318]]
143a), as well as Chinese R-134a,\20\ that are blended in a third
country to produce a subject HFC blend before being imported into
the United States. Chinese R-134a is not subject to the scope of
this investigation unless it is blended with another Chinese HFC
component (i.e., R-32, R-125, and R-143a) into a subject blend or
semi-finished blend before being imported into the United States.
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\20\ However, if the only Chinese content of such a third
country blend is the R-134a portion, then such a third country blend
is excluded from the scope of this investigation.
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Any blend or semi-finished blend that includes an HFC component
other than R-32, R-125, R-143a, or R-134a is excluded from the scope
of this investigation. Furthermore, semi-finished blends do not
include any blends containing both HFCs R-32 and R-143a. Single-
component HFCs and semi-finished HFC blends are not excluded from
the scope of this investigation when blended with HFCs from non-
subject countries.
Excluded from this investigation are blends of refrigerant
chemicals that include products other than HFCs, such as blends
including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons
(HCFCs), hydrocarbons (HCs), or hydrofluoroolefins (HFOs).
Also excluded from this investigation are patented HFC blends,
including, but not limited to, ISCEON[supreg] blends, including
MO99TM (R-438A), MO79 (R-422A), MO59 (R-417A),
MO49PlusTM (R-437A) and MO29TM (R-4 22D),
Genetron[supreg] PerformaxTM LT (R-407F), Choice[supreg]
R-421A, and Choice[supreg] R-421B.
HFC blends covered by the scope of this investigation are
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Single
component HFCs are currently classified at subheadings 2903.39.2035
and 2903.39.2045, HTSUS.\21\ Although the HTSUS subheadings and CAS
registry numbers are provided for convenience and customs purposes,
the written description of the scope is dispositive.
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\21\ We note that HFC blends were classified at HTSUS subheading
3824.78.0000 and single component HFCs were classified at HTSUS
subheading 2903.39.2030 in 2015.
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Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues
1. Number of Classes or Kinds of Merchandise
2. Addition of the Word ``Refrigerants''
3. Semi-Finished Blends
4. Third Country Blending
5. Patented Blends and Non-Named HFC Blends
6. Voluntary Respondents
7. Critical Circumstances
8. Companies Owned by a State-Owned Enterprise
9. Authority to Base the PRC-Wide Rate on AFA
10. Rejection of Qingsong's Quantity and Value and Separate
Rates Responses
11. Rate Assigned to Separate Rates Companies
12. Ministerial Errors in Certain Combination Rates
13. Verification Failure for Dongyue
14. The Margin Assigned to Dongyue
15. Moot Arguments for Dongyue
16. AFA for TTI
17. Whether TTI or its Supplier is the Respondent
18. Value Added Tax Paid by the Suppliers
19. Selling Expenses Incurred by TT Hong Kong
20. Freight Expenses Paid to a Non-Market Economy Provider
21. Movement Expenses Paid by the Suppliers
22. Zip Codes Used in the Differential Pricing Analysis
23. Factors of Production (FOPs) Reported Based on the
Accounting or Calendar Month
24. FOPs for Catalyst
25. Energy FOPs
26. Granting a By-Product Offset for Hydrochloric Acid (HCL) and
Hydrogen Fluoride
27. Whether the By-Product Adjustment Should be Based on Sales
or Production Quantity
28. Surrogate Value for HCL
29. Surrogate Value for Anhydrous Hydrogen Fluoride
30. Surrogate Financial Statements
31. Margin Calculation Errors
VIII. Recommendation
[FR Doc. 2016-15298 Filed 6-28-16; 8:45 am]
BILLING CODE 3510-DS-P
