Hydrofluorocarbon Blends From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016-2017, 17380-17382 [2019-08348]
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17380
Federal Register / Vol. 84, No. 80 / Thursday, April 25, 2019 / Notices
Postponement of Preliminary
Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if:
(A) The petitioner 2 makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On March 29, 2019, the petitioner
submitted timely requests that
Commerce postpone the preliminary
CVD determinations.3 The petitioner
stated that additional time is necessary
to allow Commerce to select mandatory
respondents and issue questionnaires,
as well as to allow Commerce and the
petitioner to review questionnaire
responses and identify deficiencies;
additional time will also permit
Commerce to issue and receive
supplemental questionnaires prior to
the preliminary determinations.4 In
accordance with 19 CFR 351.205(e), the
petitioner has stated the reasons for
requesting a postponement of the
preliminary determinations, and
Commerce finds no compelling reason
to deny the requests. Therefore, in
accordance with section 703(c)(1)(A) of
the Act, Commerce is postponing the
deadline for the preliminary
determinations to no later than 130 days
after the date on which these
investigations were initiated, i.e., July
22, 2019.5 Pursuant to section 705(a)(1)
petitioner is Vulcan Threaded Products Inc.
Letters from the petitioner, ‘‘Carbon and
Alloy Steel Threaded Rod from India: Request to
Extend Preliminary Determination Deadline,’’ dated
March 29, 2019, and ‘‘Carbon and Alloy Steel
Threaded Rod from China: Request to Extend
Preliminary Determination Deadline,’’ dated March
29, 2019.
4 Id.
5 The actual deadline is July 21, 2019, which is
a Sunday. In accordance with Commerce’s practice,
where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next
of the Act and 19 CFR 351.210(b)(1), the
deadline for the final determinations of
these investigations will continue to be
75 days after the date of the preliminary
determinations.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: April 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–08345 Filed 4–24–19; 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: Final
Results of the Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that T.T.
International Co., Ltd. (TTI) sold
hydrofluorocarbon blends (HFCs) from
the People’s Republic of China (China)
at less than normal value (NV) during
the period of review (POR), February 1,
2016, through July 31, 2017.
DATES: Applicable April 25, 2019.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Manuel Rey, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4987 or (202) 482–5518,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results on September 11, 2018.1 For
events subsequent to the Preliminary
Results, see Commerce’s Issues and
2 The
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3 See
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business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
1 See 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, 83 FR 45890 (September 11, 2018)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
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Sfmt 4703
Decision Memorandum.2 On December
17, 2018, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended
the deadline for issuing the final results
until March 11, 2019.3 Further,
Commerce exercised its discretion to
toll all deadlines affected by the partial
Federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.4 Therefore, the revised deadline
for the final results is now April 19,
2019.
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.5
Analysis of Comments Received
In the Issues and Decision
Memorandum, we addressed all issues
raised in parties’ case and rebuttal
briefs. Appendix I to this notice
provides a list of the issues raised by
parties. The Issues and Decision
Memorandum is a public document and
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Antidumping Duty
Administrative Review: Hydrofluorocarbon Blends
from the People’s Republic of China; 2016–2017,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Hydrofluorocarbon Blends
from the People’s Republic of China: Extension of
Deadline for the Final Results of Antidumping Duty
Administrative Review,’’ dated December 17, 2018.
4 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
5 For a complete description of the scope of the
order, see Issues and Decision Memorandum issued
concurrently with, and hereby adopted by, this
notice.
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Federal Register / Vol. 84, No. 80 / Thursday, April 25, 2019 / Notices
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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary
Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain revisions to
the margin calculations for TTI,6 and to
the rate assigned to the non-examined
respondents receiving a separate rate.7
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Separate Rates Respondents
In the Preliminary Results, we
determined that TTI and three other
companies demonstrated their eligibility
for separate rates. We received no
comments since the issuance of the
Preliminary Results that provide a basis
for reconsideration of these
determinations.8 Therefore, for these
final results, we continue to find that
the companies listed in the table in the
‘‘Final Results’’ section of this notice are
eligible for separate rates.
Further, we determined in the
Preliminary Results that six companies
failed to demonstrate an absence of de
facto government control; and, thus,
Commerce did not grant them separate
rates.9 No party provided comments
with respect to any of these six
companies, and, thus, we continue to
6 See Memorandum ‘‘Calculation Memorandum
for the Final Results of the Administrative Review
of Hydrofluorocarbon Blends from the People’s
Republic of China Memo for TTI International Co.,
Ltd.,’’ dated concurrently with this notice.
7 See Issues and Decision Memorandum for a
summary of these revisions.
8 We note, however, that we made a ministerial
error when identifying the name of one of these
companies in the Preliminary Results. For further
discussion, see the Issues and Decision
Memorandum at Comment 1.
9 These companies are: (1) Arkema Daikin
Advanced Fluorochemicals (Changsu) Co., Ltd.
(Arkema); (2) Dongyang Weihua Refrigerants Co.,
Ltd. (Dongyang Weihua); (3) Sinochem
Environmental Protection Chemicals (Taicang) Co.,
Ltd. (Sinochem Taicang); (4) Weitron International
Refrigeration Equipment (Kunshan) Co., Ltd.
(Weitron); (5) Zhejiang Lantian Environmental
Protection Fluoro Material Co. Ltd. (Zhejiang
Lantian); and (6) Zhejiang Quzhou Lianzhou
Refrigerants Co., Ltd. (Zhejiang Quzhou).
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find that these six companies are not
eligible for separate rates.
Rate for Non-Examined Separate-Rate
Respondents
The statute and our regulations do not
address the rate to be assigned to
respondents not selected for individual
examination when we limit our
examination of companies subject to the
administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5)
of the Act, which provides instructions
for calculating the all-others rate in an
investigation, for guidance when
calculating the rate for respondents not
individually examined in an
administrative review. Section
735(c)(5)(A) of the Act articulates a
preference for not calculating an allothers rate using rates which are zero,
de minimis, or based entirely on facts
available.10 Accordingly, we generally
will determine the dumping margin for
companies not individually examined
by averaging the weighted-average
dumping margins for the individually
examined respondents, excluding rates
that are zero, de minimis, or based
entirely on facts available.11
For the final results, we calculated a
rate only for TTI. Therefore, for these
final results, following the practice
described above, we have assigned the
rate calculated for TTI to the companies
that have not been individually
examined but have demonstrated their
eligibility for a separate rate.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that Daikin Fluorochemicals
(China) Co., Ltd. (Daikin) and Zhejiang
Yonghe Refrigerant Co., Ltd. (Zhejiang
Yonghe) 12 had no shipments of subject
merchandise during the POR. As we
have not received any information to
contradict our preliminary findings, we
determine that Daikin and Zhejiang
10 See
Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
11 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 71 FR 77373, 77377 (December 26, 2006),
unchanged in Final Determination of Sales at Less
Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 72 FR 19690 (April 19, 2007).
12 In the Preliminary Results, Commerce
inadvertently identified this company as Jinhua
Yonghe Fluorochemical Co., Ltd. For further
discussion, see the Issues and Decision
Memorandum at Comment 1.
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17381
Yonghe had no shipments of subject
merchandise during the POR, and we
intend to issue appropriate instructions
to U.S. Customs and Border Protection
(CBP) that are consistent with our
‘‘automatic assessment’’ clarification for
these final results of review.
Final Results of the Administrative
Review
Because Arkema, Dongyang Weihua,
Sinochem Taicang, Weitron, Zhejiang
Lantian, and Zhejiang Quzhou did not
demonstrate that they are entitled to a
separate rate, Commerce finds these six
companies to be part of the China-wide
entity. Because no party requested a
review of the China-wide entity, and
Commerce no longer considers the
China-wide entity as an exporter
conditionally subject to administrative
reviews,13 we did not conduct a review
of the China-wide entity. The rate
previously established for the Chinawide entity is 216.37 percent 14 and is
not subject to change as a result of this
review.
For companies subject to this review
and established their eligibility for a
separate rate, Commerce determines 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 * .......................
Jinhua Yonghe Fluorochemical
Co., Ltd * .................................
Weightedaverage
dumping
margin
(percent)
285.73
285.73
285.73
285.73
* 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.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. Commerce intends to issue
assessment instructions to CBP 15 days
13 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity (NME) in NME Antidumping Duty
Proceedings, 78 FR 65963, 65970 (November 4,
2013).
14 See Hydrofluorocarbon Blends and
Components Thereof from the People’s Republic of
China: Antidumping Duty Order, 81 FR 55436,
55438 (August 19, 2016).
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Federal Register / Vol. 84, No. 80 / Thursday, April 25, 2019 / Notices
after the date of publication of these
final results of review.
For TTI, we calculated importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).
Where an importer- (or customer-)
specific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.15
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.16
Similarly, because Commerce
determined that Daikin and Zhejiang
Yonghe had no shipments of the subject
merchandise, any suspended entries of
subject merchandise from Daikin and
Zhejiang Yonghe will also be liquidated
at the China-wide rate.17
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 TTI in the final results
of this administrative review.
For the companies found to be part of
the China-wide entity, because
Commerce determined that these
companies did not qualify for a separate
rate, we will instruct CBP to assess
dumping duties on the companies’
entries of subject merchandise at the
rate of 216.37 percent.
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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, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review; (2) for
previously investigated or reviewed
China and non-China exporters not
listed above that currently have a
separate rate, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
15 See
19 CFR 351.106(c)(2).
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
17 Id.
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16:25 Apr 24, 2019
Jkt 247001
completed segment of this proceeding
where the exporter received that
separate rate; (3) for all China exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the China-wide entity, 216.37
percent; and (4) for all non-China
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the China exporter
that supplied that non-China exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Discussion of the Issues
Comment 1: Ministerial Error
Comment 2: The Margin Assigned to TTI
Comment 3: Selection of Separate Rate for
Non-Selected Respondents
Comment 4: Adjusting Global Trade Atlas
Import Data for Movement Expenses
Comment 5: Surrogate Values (SVs) for R–
32 and R–143a
Comment 6: SV for Anhydrous Hydrogen
Fluoride
Comment 7: Surrogate Financial
Statements
Recommendation
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
DEPARTMENT OF COMMERCE
Notifications to Importers
This notice also serves as a final
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.
Notifications to Interested Parties
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 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.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
[FR Doc. 2019–08348 Filed 4–24–19; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[C–570–017]
Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck
Tires From the People’s Republic of
China: Final Results of Countervailing
Duty Administrative Review; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers/exporters of
passenger vehicle and light truck tires
from the People’s Republic of China
(China) during the period of review
(POR) January 1, 2016, through
December 31, 2016.
DATES: Applicable April 25, 2019.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–4261.
SUPPLEMENTARY INFORMATION:
AGENCY:
Appendix I
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on September 10,
2018.1 We invited interested parties to
comment on the Preliminary Results. On
October 31, 2018, we received case
briefs from the following interested
parties: Cooper (Kunshan) Tire Co., Ltd.
(Cooper); Qingdao Sentury Tire Co. Ltd.
(Sentury); and the Government of China
(GOC). No party submitted rebuttal
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Preliminary Results of Countervailing Duty
Administrative Review and Rescission, in Part;
2016, 83 FR 45611 (September 10, 2018)
(Preliminary Results).
Dated: April 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
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Agencies
[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Notices]
[Pages 17380-17382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08348]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Final Results of the Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that T.T.
International Co., Ltd. (TTI) sold hydrofluorocarbon blends (HFCs) from
the People's Republic of China (China) at less than normal value (NV)
during the period of review (POR), February 1, 2016, through July 31,
2017.
DATES: Applicable April 25, 2019.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Manuel Rey, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-5518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on September 11,
2018.\1\ For events subsequent to the Preliminary Results, see
Commerce's Issues and Decision Memorandum.\2\ On December 17, 2018, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for issuing the final
results until March 11, 2019.\3\ Further, Commerce exercised its
discretion to toll all deadlines affected by the partial Federal
government closure from December 22, 2018, through the resumption of
operations on January 29, 2019.\4\ Therefore, the revised deadline for
the final results is now April 19, 2019.
---------------------------------------------------------------------------
\1\ See 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, 83
FR 45890 (September 11, 2018) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Hydrofluorocarbon Blends
from the People's Republic of China; 2016-2017,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
\3\ See Memorandum, ``Hydrofluorocarbon Blends from the People's
Republic of China: Extension of Deadline for the Final Results of
Antidumping Duty Administrative Review,'' dated December 17, 2018.
\4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
---------------------------------------------------------------------------
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.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Issues and Decision Memorandum issued concurrently with, and hereby
adopted by, this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in parties' case and rebuttal briefs. Appendix I to this notice
provides a list of the issues raised by parties. The Issues and
Decision Memorandum is a public document and
[[Page 17381]]
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
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for TTI,\6\ and to the rate
assigned to the non-examined respondents receiving a separate rate.\7\
---------------------------------------------------------------------------
\6\ See Memorandum ``Calculation Memorandum for the Final
Results of the Administrative Review of Hydrofluorocarbon Blends
from the People's Republic of China Memo for TTI International Co.,
Ltd.,'' dated concurrently with this notice.
\7\ See Issues and Decision Memorandum for a summary of these
revisions.
---------------------------------------------------------------------------
Separate Rates Respondents
In the Preliminary Results, we determined that TTI and three other
companies demonstrated their eligibility for separate rates. We
received no comments since the issuance of the Preliminary Results that
provide a basis for reconsideration of these determinations.\8\
Therefore, for these final results, we continue to find that the
companies listed in the table in the ``Final Results'' section of this
notice are eligible for separate rates.
---------------------------------------------------------------------------
\8\ We note, however, that we made a ministerial error when
identifying the name of one of these companies in the Preliminary
Results. For further discussion, see the Issues and Decision
Memorandum at Comment 1.
---------------------------------------------------------------------------
Further, we determined in the Preliminary Results that six
companies failed to demonstrate an absence of de facto government
control; and, thus, Commerce did not grant them separate rates.\9\ No
party provided comments with respect to any of these six companies,
and, thus, we continue to find that these six companies are not
eligible for separate rates.
---------------------------------------------------------------------------
\9\ These companies are: (1) Arkema Daikin Advanced
Fluorochemicals (Changsu) Co., Ltd. (Arkema); (2) Dongyang Weihua
Refrigerants Co., Ltd. (Dongyang Weihua); (3) Sinochem Environmental
Protection Chemicals (Taicang) Co., Ltd. (Sinochem Taicang); (4)
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd.
(Weitron); (5) Zhejiang Lantian Environmental Protection Fluoro
Material Co. Ltd. (Zhejiang Lantian); and (6) Zhejiang Quzhou
Lianzhou Refrigerants Co., Ltd. (Zhejiang Quzhou).
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Rate for Non-Examined Separate-Rate Respondents
The statute and our regulations do not address the rate to be
assigned to respondents not selected for individual examination when we
limit our examination of companies subject to the administrative review
pursuant to section 777A(c)(2)(B) of the Act. Generally, we look to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for respondents not individually examined in an
administrative review. Section 735(c)(5)(A) of the Act articulates a
preference for not calculating an all-others rate using rates which are
zero, de minimis, or based entirely on facts available.\10\
Accordingly, we generally will determine the dumping margin for
companies not individually examined by averaging the weighted-average
dumping margins for the individually examined respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\11\
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\10\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
\11\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
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For the final results, we calculated a rate only for TTI.
Therefore, for these final results, following the practice described
above, we have assigned the rate calculated for TTI to the companies
that have not been individually examined but have demonstrated their
eligibility for a separate rate.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Daikin
Fluorochemicals (China) Co., Ltd. (Daikin) and Zhejiang Yonghe
Refrigerant Co., Ltd. (Zhejiang Yonghe) \12\ had no shipments of
subject merchandise during the POR. As we have not received any
information to contradict our preliminary findings, we determine that
Daikin and Zhejiang Yonghe had no shipments of subject merchandise
during the POR, and we intend to issue appropriate instructions to U.S.
Customs and Border Protection (CBP) that are consistent with our
``automatic assessment'' clarification for these final results of
review.
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\12\ In the Preliminary Results, Commerce inadvertently
identified this company as Jinhua Yonghe Fluorochemical Co., Ltd.
For further discussion, see the Issues and Decision Memorandum at
Comment 1.
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Final Results of the Administrative Review
Because Arkema, Dongyang Weihua, Sinochem Taicang, Weitron,
Zhejiang Lantian, and Zhejiang Quzhou did not demonstrate that they are
entitled to a separate rate, Commerce finds these six companies to be
part of the China-wide entity. Because no party requested a review of
the China-wide entity, and Commerce no longer considers the China-wide
entity as an exporter conditionally subject to administrative
reviews,\13\ we did not conduct a review of the China-wide entity. The
rate previously established for the China-wide entity is 216.37 percent
\14\ and is not subject to change as a result of this review.
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
(NME) in NME Antidumping Duty Proceedings, 78 FR 65963, 65970
(November 4, 2013).
\14\ See Hydrofluorocarbon Blends and Components Thereof from
the People's Republic of China: Antidumping Duty Order, 81 FR 55436,
55438 (August 19, 2016).
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For companies subject to this review and established their
eligibility for a separate rate, Commerce determines 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................................. 285.73
Shandong Huaan New Material Co., Ltd *...................... 285.73
Zhejiang Sanmei Chemical Industry Co. Ltd *................. 285.73
Jinhua Yonghe Fluorochemical Co., Ltd *..................... 285.73
------------------------------------------------------------------------
* 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.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP 15 days
[[Page 17382]]
after the date of publication of these final results of review.
For TTI, we calculated importer-specific ad valorem duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those
sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- (or
customer-) specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\15\
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\15\ See 19 CFR 351.106(c)(2).
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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.\16\ Similarly,
because Commerce determined that Daikin and Zhejiang Yonghe had no
shipments of the subject merchandise, any suspended entries of subject
merchandise from Daikin and Zhejiang Yonghe will also be liquidated at
the China-wide rate.\17\
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\17\ Id.
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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 TTI in the final results of this
administrative review.
For the companies found to be part of the China-wide entity,
because Commerce determined that these companies did not qualify for a
separate rate, we will instruct CBP to assess dumping duties on the
companies' entries of subject merchandise at the rate of 216.37
percent.
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, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review;
(2) for previously investigated or reviewed China and non-China
exporters not listed above that currently have a separate rate, the
cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding
where the exporter received that separate rate; (3) for all China
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity, 216.37 percent; and (4) for all non-China
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
China exporter that supplied that non-China exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice,
in accordance with 19 CFR 351.224(b).
Notifications to Importers
This notice also serves as a final 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.
Notifications to Interested Parties
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 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.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
Comment 1: Ministerial Error
Comment 2: The Margin Assigned to TTI
Comment 3: Selection of Separate Rate for Non-Selected
Respondents
Comment 4: Adjusting Global Trade Atlas Import Data for Movement
Expenses
Comment 5: Surrogate Values (SVs) for R-32 and R-143a
Comment 6: SV for Anhydrous Hydrogen Fluoride
Comment 7: Surrogate Financial Statements
Recommendation
[FR Doc. 2019-08348 Filed 4-24-19; 8:45 am]
BILLING CODE 3510-DS-P