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]
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Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices
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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 https://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 https://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).
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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).
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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).
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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
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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).
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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 https://
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.
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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).
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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
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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
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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).
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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
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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).
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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.
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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).
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In April 2018, we extended the preliminary results of this review
to no later than September 4, 2018.\3\
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\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.
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\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.
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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 https://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.
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\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
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* 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).
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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\
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\11\ See 19 CFR 351.310(c).
\12\ Id.
\13\ See 19 CFR 351.310(d).
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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.
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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\
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\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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\
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\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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
