Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 45890-45893 [2018-19700]

Download as PDF 45890 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party Commerce was unable to locate in prior segments, Commerce will not accept a request for an administrative review of that party absent new information as to the party’s location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party’s attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.2 Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.3 Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.4 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS website at http://access.trade.gov.5 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of September 2018. If Commerce does not receive, by the last day of September 2018, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to 4 In 2 See also the Enforcement and Compliance website at http://trade.gov/enforcement/. 3 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. 5 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: August 30, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018–19764 Filed 9–10–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–028] Hydrofluorocarbon Blends From the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that sales of hydrofluorocarbon blends (HFCs), from the People’s Republic of China (China) have been made below normal value (NV). We invite interested parties to comment on these preliminary results. DATES: Applicable September 11, 2018. FOR FURTHER INFORMATION CONTACT: Manuel Rey, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5518. AGENCY: Background Commerce is conducting an administrative review of the antidumping duty order on HFCs from China.1 The notice of initiation of this administrative review was published on 1 See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 FR 55436 (October 16, 2017) (Order). E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices October 16, 2017.2 This review covers 12 producers and/or exporters of the subject merchandise. Commerce selected two exporters for individual examination (i.e., T.T. International Co., Ltd. (TTI); and Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. (Weitron)). The period of review (POR) is February 1, 2016, through July 31, 2017. In April 2018, we extended the preliminary results of this review to no later than September 4, 2018.3 SUPPLEMENTARY INFORMATION: Scope of the Order The products subject to this order are HFC blends. 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 1,1,1Trifluoroethane 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.4 daltland on DSKBBV9HB2PROD with NOTICES Preliminary Determination of No Shipments Based on our analysis of CBP information and information provided 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation Notice). 3 See Memorandum, ‘‘Hydrofluorocarbon Blends from the People’s Republic of China: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated April 13, 2018. In this memorandum, we noted that Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. As a result, the revised deadline for the preliminary results became September 4, 2018. 4 For a complete description of the scope of the order, see Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2016–2017 Antidumping Duty Administrative Review of Hydrofluorocarbon Blends from the People’s Republic of China,’’ issued concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 by the companies, we preliminarily determine that Daikin Fluorochemicals (China) Co., Ltd. and Zhejiang Yonghe Refrigerant Co., Ltd. had no shipments of subject merchandise during the POR. In addition, Commerce finds that, consistent with its assessment practice in non-market economy (NME) cases, it is appropriate not to rescind the review in part in these circumstances, but to complete the review with respect to these two companies and issue appropriate instructions to CBP based on the final results.5 For additional information regarding this determination, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We calculated export prices for the sole participating mandatory respondent, TTI, in accordance with section 772 of the Act. Because China is an NME country within the meaning of section 771(18) of the Act, we calculated NV for TTI in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary 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 to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Rate for Non-Examined Companies Which Are Eligible for a Separate Rate As indicated in the ‘‘Preliminary Results of Review’’ section below, we preliminarily determine that a weighted-average dumping margin of 283.63 percent applies to the three firms not selected for individual review which are eligible for a separate rate. For further information, see the 5 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 45891 Preliminary Decision Memorandum at ‘‘Separate Rate Assigned to NonSelected Companies.’’ Preliminary Results of Review Six companies involved in the administrative review, including the mandatory respondent Weitron, did not demonstrate that they are entitled to a separate rate.6 Therefore, we preliminarily find these companies to be part of the China-wide entity.7 The rate previously established for the Chinawide entity is 216.37 percent. We preliminarily determine that the following weighted-average dumping margins exist for the period February 1, 2016, through July 31, 2017: Exporter T.T. International Co., Ltd ...................... Shandong Huaan New Material Co., Ltd.* .................................................... Zhejiang Sanmei Chemical Industry Co. Ltd.* .................................................... Zhejiang Yonghe Refrigerant Co., Ltd.* Weightedaverage dumping margin (percent) 283.63 283.63 283.63 283.63 * This company was not selected as a mandatory respondent but is subject to this administrative review and demonstrated that it qualified for a separate rate during the POR. Disclosure and Public Comment Commerce intends to disclose calculations performed in connection with these preliminary results to interested parties within five days of the date of publication of this notice.8 Interested parties may submit case briefs to Commerce no later than seven days after the date of the final verification report issued in this administrative review. Rebuttals briefs, limited to issues raised in the case briefs, may be filed no later than five days after the 6 These six companies are: (1) Arkema Daikin Advanced Fluorochemicals (Changsu) Co., Ltd.; (2) Dongyang Weihua Refrigerants Co., Ltd.; (3) Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.; (4) Weitron; (5) Zhejiang Lantian Environmental Protection Fluoro Material Co. Ltd.; and (6) Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd. 7 See Preliminary Decision Memorandum, at ‘‘Companies Not Receiving a Separate Rate.’’ Pursuant to Commerce’s change in practice, Commerce no longer considers the NME entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). Under this practice, the NME entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the entity, the entity is not under review and the entity’s rate is not subject to change. 8 See 19 CFR 351.224(b). E:\FR\FM\11SEN1.SGM 11SEN1 45892 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices time limit for filing case briefs.9 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.10 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.11 Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs.12 If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.13 Commerce intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later than 120 days after the publication date of this notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise extended.14 daltland on DSKBBV9HB2PROD with NOTICES Assessment Rates Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. For TTI, we will calculate importer(or customer-) specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for each importer’s (or customer’s) examined sales to the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). Where either the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer- (or customer-) specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. We intend to instruct CBP to take into account the ‘‘provisional measures 9 See 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 11 See 19 CFR 351.310(c). 12 Id. 13 See 19 CFR 351.310(d). 14 See section 751(a)(3)(A) of the Act. 10 See VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 deposit cap,’’ in accordance with 19 CFR 351.212(d). Pursuant to Commerce’s assessment practice, for entries that were not reported in the U.S. sales data submitted by TTI, we will instruct CBP to liquidate such entries at the China-wide rate. Additionally, if we determine that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) will be liquidated at the China-wide rate.15 For the respondents which were not selected for individual examination in this administrative review and which qualified for a separate rate, the assessment rate will be equal to the weighted-average dumping margin determined for the non-examined respondent in the final results of this administrative review. We will also instruct CBP to take into account the ‘‘provisional measures deposit cap’’ in accordance with 19 CFR 351.212(d). For the final results, if we continue to treat the six exporters preliminarily found not to qualify for separate rates as part of the China-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 216.37 percent, the current rate established for the Chinawide entity, to all entries of subject merchandise during the POR which were exported by those companies.16 We intend to issue assessment instructions to CBP 15 days after the publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above which have a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have separate rates, the cash 15 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 16 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 deposit rate will continue to be equal to the exporter/producer-specific weighted-average dumping margin published for the most recentlycompleted segment of this proceeding; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the cash deposit rate established for the China-wide entity, 216.37 percent; and (4) for all nonChinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(1), and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: August 31, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology a. Preliminary Determination of No Shipments b. Non-Market Economy Country Status c. Separate Rates i. Separate Rate Recipients 1. Wholly Foreign-Owned Companies 2. Wholly China-Owned Companies and Joint Ventures a. Absence of De Jure Control b. Absence of De Facto Control 3. Companies Not Receiving a Separate Rate a. Weitron b. Companies Who Did Not File Separate Rate Applications E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices c. Separate Rate Assigned to Non-Selected Companies d. The China-Wide Entity e. Surrogate Country f. Date of Sale g. Normal Value Comparisons h. Determination of Comparison Method i. Export Price i. Irrecoverable Value-Added Tax ii. TTI j. Normal Value i. Factor Valuations ii. By-Products iii. Currency Conversion iv. Verification 5. Recommendation [FR Doc. 2018–19700 Filed 9–10–18; 8:45 am] and 19 CFR 351.213(b), to conduct an administrative review of this antidumping duty order with respect to 11 companies.3 On January 11, 2018, Commerce published in the Federal Register a notice of initiation with respect to 11 companies: Chung Hung Steel; Femco; Founder Land; Kao Hsing Chang Iron & Steel Corp.; Kounan Steel; Luen Jin; Mayer Steel Pipe; Shin Yang Steel; Tension Steel Industries; Vulcan Industrial; and Wan Chi Steel Industrial.4 On April 9, 2018, the petitioner timely withdrew its request for an administrative review.5 BILLING CODE 3510–DS–P Rescission of Administrative Review DEPARTMENT OF COMMERCE International Trade Administration [A–583–814] Certain Circular Welded Non-Alloy Steel Pipe From Taiwan: Rescission of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding its administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Taiwan for the period of review (POR) November 1, 2016, through October 31, 2017. DATES: Applicable September 11, 2018. FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6312. SUPPLEMENTARY INFORMATION: daltland on DSKBBV9HB2PROD with NOTICES AGENCY: Background On November 1, 2017, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order 1 on certain circular welded non-alloy steel pipe from Taiwan for the POR.2 Commerce received a timely request from Wheatland Tube (the petitioner), in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), 1 See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Antidumping Order, 49 FR 19369 (May 7, 1984). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 82 FR 50260 (November 1, 2017). VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The petitioner withdrew its request for review by the 90-day deadline, and no other party requested an administrative review of this order. Therefore, we are rescinding the administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Taiwan covering the period November 1, 2016, through October 31, 2017, in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice in the Federal Register. Notification to Importers This notice serves as the only reminder to importers of their responsibility, under 19 CFR 351.402(f)(2), to file a certificate regarding the reimbursement of antidumping duties prior to liquidation 3 See Petitioner Letter re: Certain Circular Welded Non-Alloy Steel Pipe from Taiwan: Request for Administrative Review, dated November 30, 2017. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 1329 (January 11, 2018). 5 See Petitioner Letter re: Certain Circular Welded Non-Alloy Steel Pipe from Taiwan: Withdrawal of Review Request, dated April 9, 2018. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 45893 of the relevant entries during this review period. Failure to comply with this requirement may result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice serves as the only 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 return or 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. This notice is published in accordance with section 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: September 4, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018–19586 Filed 9–10–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–016] Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission, in Part; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain producers and exporters of passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR) August 1, 2016, through July 31, 2017. DATES: Applicable September 11, 2018. FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, AGENCY: E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45890-45893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19700]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of hydrofluorocarbon blends (HFCs), from the People's 
Republic of China (China) have been made below normal value (NV). We 
invite interested parties to comment on these preliminary results.

DATES: Applicable September 11, 2018.

FOR FURTHER INFORMATION CONTACT: Manuel Rey, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-5518.

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on HFCs from China.\1\ The notice of initiation of this 
administrative review was published on

[[Page 45891]]

October 16, 2017.\2\ This review covers 12 producers and/or exporters 
of the subject merchandise. Commerce selected two exporters for 
individual examination (i.e., T.T. International Co., Ltd. (TTI); and 
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. 
(Weitron)). The period of review (POR) is February 1, 2016, through 
July 31, 2017.
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    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (October 16, 2017) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation 
Notice).
---------------------------------------------------------------------------

    In April 2018, we extended the preliminary results of this review 
to no later than September 4, 2018.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Hydrofluorocarbon Blends from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated April 13, 2018. In 
this memorandum, we noted that Commerce exercised its discretion to 
toll all deadlines affected by the closure of the Federal Government 
from January 20 through January 22, 2018. See Memorandum, 
``Deadlines Affected by the Shutdown of the Federal Government,'' 
dated January 23, 2018. As a result, the revised deadline for the 
preliminary results became September 4, 2018.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The products subject to this order are HFC blends. 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.\4\
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    \4\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2016-2017 Antidumping Duty Administrative Review of 
Hydrofluorocarbon Blends from the People's Republic of China,'' 
issued concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Based on our analysis of CBP information and information provided 
by the companies, we preliminarily determine that Daikin 
Fluorochemicals (China) Co., Ltd. and Zhejiang Yonghe Refrigerant Co., 
Ltd. had no shipments of subject merchandise during the POR. In 
addition, Commerce finds that, consistent with its assessment practice 
in non-market economy (NME) cases, it is appropriate not to rescind the 
review in part in these circumstances, but to complete the review with 
respect to these two companies and issue appropriate instructions to 
CBP based on the final results.\5\ For additional information regarding 
this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We 
calculated export prices for the sole participating mandatory 
respondent, TTI, in accordance with section 772 of the Act. Because 
China is an NME country within the meaning of section 771(18) of the 
Act, we calculated NV for TTI in accordance with section 773(c) of the 
Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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 to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as an Appendix to this notice.

Rate for Non-Examined Companies Which Are Eligible for a Separate Rate

    As indicated in the ``Preliminary Results of Review'' section 
below, we preliminarily determine that a weighted-average dumping 
margin of 283.63 percent applies to the three firms not selected for 
individual review which are eligible for a separate rate. For further 
information, see the Preliminary Decision Memorandum at ``Separate Rate 
Assigned to Non-Selected Companies.''

Preliminary Results of Review

    Six companies involved in the administrative review, including the 
mandatory respondent Weitron, did not demonstrate that they are 
entitled to a separate rate.\6\ Therefore, we preliminarily find these 
companies to be part of the China-wide entity.\7\ The rate previously 
established for the China-wide entity is 216.37 percent.
---------------------------------------------------------------------------

    \6\ These six companies are: (1) Arkema Daikin Advanced 
Fluorochemicals (Changsu) Co., Ltd.; (2) Dongyang Weihua 
Refrigerants Co., Ltd.; (3) Sinochem Environmental Protection 
Chemicals (Taicang) Co., Ltd.; (4) Weitron; (5) Zhejiang Lantian 
Environmental Protection Fluoro Material Co. Ltd.; and (6) Zhejiang 
Quzhou Lianzhou Refrigerants Co., Ltd.
    \7\ See Preliminary Decision Memorandum, at ``Companies Not 
Receiving a Separate Rate.'' Pursuant to Commerce's change in 
practice, Commerce no longer considers the NME entity as an exporter 
conditionally subject to administrative reviews. See Antidumping 
Proceedings: Announcement of Change in Department Practice for 
Respondent Selection in Antidumping Duty Proceedings and Conditional 
Review of the Nonmarket Economy Entity in NME Antidumping Duty 
Proceedings, 78 FR 65963, 65970 (November 4, 2013). Under this 
practice, the NME entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the entity, the 
entity is not under review and the entity's rate is not subject to 
change.
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    We preliminarily determine that the following weighted-average 
dumping margins exist for the period February 1, 2016, through July 31, 
2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Exporter                             dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
T.T. International Co., Ltd..................................     283.63
Shandong Huaan New Material Co., Ltd.*.......................     283.63
Zhejiang Sanmei Chemical Industry Co. Ltd.*..................     283.63
Zhejiang Yonghe Refrigerant Co., Ltd.*.......................     283.63
------------------------------------------------------------------------
* This company was not selected as a mandatory respondent but is subject
  to this administrative review and demonstrated that it qualified for a
  separate rate during the POR.

Disclosure and Public Comment

    Commerce intends to disclose calculations performed in connection 
with these preliminary results to interested parties within five days 
of the date of publication of this notice.\8\ Interested parties may 
submit case briefs to Commerce no later than seven days after the date 
of the final verification report issued in this administrative review. 
Rebuttals briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the

[[Page 45892]]

time limit for filing case briefs.\9\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\10\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\11\ Hearing requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of the issues to be discussed. 
Issues raised in the hearing will be limited to issues raised in the 
briefs.\12\ If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ Id.
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication date of this 
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise 
extended.\14\
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    \14\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.
    For TTI, we will calculate importer- (or customer-) specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for each importer's (or customer's) examined sales 
to the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1). Where either the respondent's weighted-average dumping 
margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer- (or customer-) specific rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. We intend to instruct CBP to take 
into account the ``provisional measures deposit cap,'' in accordance 
with 19 CFR 351.212(d).
    Pursuant to Commerce's assessment practice, for entries that were 
not reported in the U.S. sales data submitted by TTI, we will instruct 
CBP to liquidate such entries at the China-wide rate. Additionally, if 
we determine that an exporter had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's cash deposit rate) will be 
liquidated at the China-wide rate.\15\
---------------------------------------------------------------------------

    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate will be equal to the weighted-
average dumping margin determined for the non-examined respondent in 
the final results of this administrative review. We will also instruct 
CBP to take into account the ``provisional measures deposit cap'' in 
accordance with 19 CFR 351.212(d).
    For the final results, if we continue to treat the six exporters 
preliminarily found not to qualify for separate rates as part of the 
China-wide entity, we will instruct CBP to apply an ad valorem 
assessment rate of 216.37 percent, the current rate established for the 
China-wide entity, to all entries of subject merchandise during the POR 
which were exported by those companies.\16\
---------------------------------------------------------------------------

    \16\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    We intend to issue assessment instructions to CBP 15 days after the 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above which have a separate rate, the cash deposit rate will be 
equal to the weighted-average dumping margin established in the final 
results of this review (except, if the rate is zero or de minimis, then 
a cash deposit rate of zero will be established for that company); (2) 
for previously investigated or reviewed Chinese and non-Chinese 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be equal to the exporter/producer-specific 
weighted-average dumping margin published for the most recently-
completed segment of this proceeding; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the cash deposit rate 
established for the China-wide entity, 216.37 percent; and (4) for all 
non-Chinese exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the Chinese exporter that supplied that non-Chinese exporter. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1), and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(4).

    Dated: August 31, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Preliminary Determination of No Shipments
    b. Non-Market Economy Country Status
    c. Separate Rates
    i. Separate Rate Recipients
    1. Wholly Foreign-Owned Companies
    2. Wholly China-Owned Companies and Joint Ventures
    a. Absence of De Jure Control
    b. Absence of De Facto Control
    3. Companies Not Receiving a Separate Rate
    a. Weitron
    b. Companies Who Did Not File Separate Rate Applications

[[Page 45893]]

    c. Separate Rate Assigned to Non-Selected Companies
    d. The China-Wide Entity
    e. Surrogate Country
    f. Date of Sale
    g. Normal Value Comparisons
    h. Determination of Comparison Method
    i. Export Price
    i. Irrecoverable Value-Added Tax
    ii. TTI
    j. Normal Value
    i. Factor Valuations
    ii. By-Products
    iii. Currency Conversion
    iv. Verification
5. Recommendation

[FR Doc. 2018-19700 Filed 9-10-18; 8:45 am]
 BILLING CODE 3510-DS-P