Difluoromethane (R-32) From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 5136-5139 [2021-01014]
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices
equal to the cash deposit rate of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period August 1, 2019 through July 31,
2020, 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 a final 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 of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to all 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 terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: January 12, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–01015 Filed 1–15–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[A–570–121]
Difluoromethane (R–32) From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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The Department of Commerce
(Commerce) determines that
difluoromethane (R–32) from the
People’s Republic of China (China) is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
July 1, 2019 through December 31, 2019.
The final dumping margins of sales at
LTFV are listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Applicable January 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua Tucker or William Miller, 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) 482–2044 or (202) 482–3906,
respectively.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2020, Commerce
published the Preliminary
Determination of sales at LTFV of R–32
from China,1 in which we also
postponed the final determination to
January 11, 2021. The petitioner in this
investigation is Arkema Inc. The
mandatory respondents in this
investigation are Taizhou Qingsong
Refrigerant New Material Co., Ltd.
(Taizhou Qingsong) and Zibo Feiyuan
Chemical Co., Ltd. (Zibo Feiyuan).
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
the parties for this final determination
are discussed in the Issues and Decision
Memorandum.2 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
1 See Difluoromethane (R–32) from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 85 FR 52950
(August 27, 2020) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Difluoromethane (R–32) from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Decision Memorandum are identical in
content.
Scope of the Investigation
The product covered by this
investigation is R–32 from China. For a
complete description of the scope of this
investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II.
Verification
Commerce normally verifies
information relied upon in making its
final determination, pursuant to section
782(i)(1) of the Tariff Act of 1930, as
amended (the Act). However, due to
current travel restrictions in response to
the global COVID–19 pandemic,
Commerce was unable to conduct onsite verification in this investigation.3
Consistent with section 776(a)(2)(D) of
the Act, Commerce relied on the
information submitted on the record,
which we used in making our
Preliminary Determination, as facts
available in making our final
determination.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, we
made no changes to the antidumping
duty margin calculations for Taizhou
Qingsong and Zibo Feiyuan.
China-Wide Entity and the Use of
Adverse Facts Available
We continue to find that the use of
adverse facts available (AFA), pursuant
to sections 776(a) and (b) of the Act, is
warranted in determining the rate for
the China-wide entity.4 In selecting the
AFA rate for the China-wide entity,
Commerce’s practice is to select a rate
that is sufficiently adverse to ensure that
the uncooperative party does not obtain
a more favorable result by failing to
cooperate than if it had fully
cooperated.5 As AFA, we assigned the
3 See Memorandum, ‘‘Cancelation of Verification
and Briefing Schedule,’’ dated October 21, 2020.
4 The China-wide entity includes those
companies who did not submit a separate rate
application, and those companies Commerce
determined were ineligible to receive a separate
rate.
5 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination: Purified Carboxymethyl
Cellulose from Finland, 69 FR 77216 (December 27,
2004), unchanged in Notice of Final Determination
of Sales at Less Than Fair Value: Purified
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices
China-wide entity a dumping margin of
221.06 percent, which is the highest
calculated rate in this investigation.
Because this constitutes primary
information, the statutory corroboration
requirement in section 776(c) of the Act
does not apply.
Separate Rates
For the final determination, we
continue to find that Taizhou Qingsong,
Zibo Feiyuan, Icool International (Hong
Kong) Limited, Ninhua Group Co., Ltd.,
Shandong Huaan New Material Co.,
Ltd., T.T. International Co., Ltd., and
Zhejiang Sanmei Chemical Ind. Co. Ltd.
are eligible for separate rates. Generally,
Commerce looks to section 735(c)(5)(A)
of the Act, which provides instructions
for calculating the all-others rate in an
investigation, for guidance when
sales data, we assigned the weightedaverage of these mandatory respondents’
rates as the rate for non-individually
examined companies that have qualified
for a separate rate.
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. For a
list of the respondents that established
eligibility for their own separate rates
and the exporter/producer combination
rates applicable to these respondents,
see Appendix III.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average dumping
margin
(percent)
Producer
Exporter
Taizhou Qingsong Refrigerant New Material Co., Ltd. ..............
Zibo Feiyuan Chemical Co., Ltd. ................................................
Zibo Feiyuan Chemical Co., Ltd. ................................................
Producers Supplying the Non-Individually—Examined Exporters Receiving Separate Rates (see Appendix III).
China-Wide Entity .......................................................................
Taizhou Qingsong Refrigerant New Material Co., Ltd. ..............
Zibo Feiyuan Chemical Co., Ltd. ................................................
T.T. International Co., Ltd. .........................................................
Non-Individually Examined Exporters Receiving Separate
Rates (see Appendix III).
.....................................................................................................
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a final
determination, in accordance with 19
CFR 351.224(b). However, because
Commerce made no changes to its
Preliminary Determination margin
calculations for the mandatory
respondents in this investigation, there
are no calculations to disclose.
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calculating the rate for separate rate
respondents that we did not
individually examine. Section
735(c)(5)(A) of the Act states that the
estimated all-others rate shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding zero or de
minimis margins, and any margins
determined entirely under section 776
of Act.6 In this proceeding, Commerce
calculated above de minimis rates that
are not based entirely on facts available
for Taizhou Qingsong and Zibo Feiyuan,
the two mandatory respondents under
individual examination. Thus, looking
to section 735(c)(5)(A) of the Act for
guidance, and consistent with our
practice,7 based on publicly ranged
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
R–32 from Taizhou Qingsong and Zibo
Feiyuan, the separate rates companies,
and the China-wide entity.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which NV
Carboxymethyl Cellulose from Finland, 70 FR
28279 (May 17, 2005).
6 See, e.g., 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),
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exceeds U.S. price as follows: (1) The
cash deposit rate for the exporter/
producer combination listed in the table
above or in Appendix III will be the rate
identified for that combination in that
table or Appendix III; (2) for all
combinations of exporters/producers of
merchandise under consideration that
have not received their own separate
rate, the cash deposit rate will be the
cash deposit rate established for the
China-wide entity; and (3) for all nonChinese exporters of the merchandise
under consideration which have not
received their own separate rate, the
cash deposit rate will be the cash
deposit rate applicable to the Chinese
exporter/producer combination that
supplied that non-Chinese exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
and accompanying Issues and Decision
Memorandum at Comment 16.
7 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),
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5137
161.49
221.06
221.06
196.19
221.06
Trade Commission (ITC) of our
determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
R–32 from China no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
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).
8 See Initiation Notice, 84 FR at 7335.
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Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: January 11, 2021.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I
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Scope of the Investigation
The merchandise covered by this
investigation is difluoromethane (R–32), or
its chemical equivalent, regardless of form,
type or purity level. R–32 has the Chemical
Abstracts Service (CAS) registry number of
75–10–5 and the chemical formula CH2 F2.
R–32 is also referred to as difluoromethane,
HFC–32, FC–32, Freon-32, methylene
difluoride, methylene fluoride, carbon
fluoride hydride, halocarbon R32,
fluorocarbon R32, and UN 3252. Subject
merchandise also includes R–32 and
unpurified R–32 that are processed in a third
country or the United States, including, but
not limited to, purifying or any other
processing that would not otherwise remove
the merchandise from the scope of this
investigation if performed in the country of
manufacture of the in-scope R–32. R–32 that
has been blended with products other than
pentafluoroethane (R–125) is included within
this scope if such blends contain 85% or
more by volume on an actual percentage
basis of R–32. In addition, R–32 that has been
blended with any amount of R–125 is
included within this scope if such blends
contain more than 52% by volume on an
actual percentage basis of R–32. Whether R–
32 is blended with R–125 or other products,
only the R–32 component of the mixture is
covered by the scope of this investigation.
The scope also includes R–32 that is
commingled with R–32 from sources not
subject to this investigation. Only the subject
component of such commingled products is
covered by the scope of this investigation.
Excluded from the current scope is
merchandise covered by the scope of the
antidumping order on hydrofluorocarbon
blends from the People’s Republic of China.
See Hydrofluorocarbon Blends from the
People’s Republic of China: Antidumping
Duty Order, 81 FR 55436 (August 19, 2016)
(the Blends Order).
R–32 is classified under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2903.39.2035. Other merchandise
subject to the current scope, including the
abovementioned blends that are outside the
scope of the Blends Order, may be classified
under 2903.39.2045 and 3824.78.0020. The
HTSUS subheadings and CAS registry
number are provided for convenience and
customs purposes. The written description of
the scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. China-Wide Rate
IV. Calculation Changes Since the
Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether to Apply Partial AFA
to Taizhou Qingsong and Zibo Feiyuan
for Reporting Issues
Comment 2: Selection of the Primary
Surrogate Country
Comment 3: Calculation of the Surrogate
Value for Russian Truck Freight
VI. Recommendation
Appendix III
Separate Rate Companies
Exporter
Producer
Non-individually examined exporters receiving separate rates
Producers supplying the non-individually—examined exporters receiving separate rates
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Icool International (Hong Kong) Limited ...................................................
Ninhua Group Co., Ltd. .............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
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Changshu 3F Zhonghao New Chemical Materials Co., Ltd.
Zhejiang Zhiyang Chemical Co., Ltd.
Taizhou Huasheng New Refrigeration Material Co., Ltd.
Zhejiang Lishui Fuhua Chemical Co., Ltd.
Zibo Feiyuan Chemical Co., Ltd.
Jiangsu Meilan Chemical Co., Ltd.
Taizhou Qingsong Refrigerant New Material Co., Ltd.
Zhejiang Sanmei Chemical Industry Co., Ltd.
Shandong Huaan New Material Co., Ltd.
Liaocheng Fuer New Materials Technology Co., Ltd.
Ruyuan Dongyangguang Fluorine Co., Ltd.
Shandong Xinlong Science Technology Co., Ltd.
Linhai Limin Chemicals Co., Ltd.
Dongyang Weihua Refrigerants Co., Ltd.
Zhejiang Fulai Refrigerant Co., Ltd.
Zhejiang Guomao Industrial Co., Ltd.
Zhejiang Yonghe Refrigerant Co., Ltd.
Shanghai Aohong Chemical Co., Ltd.
Changshu 3F Zhonghao New Chemical Materials Co., Ltd
Zhejiang Zhiyang Chemical Co., Ltd.
Taizhou Huasheng New Refrigeration Material Co., Ltd.
Zhejiang Lishui Fuhua Chemical Co., Ltd.
Zibo Feiyuan Chemical Co., Ltd.
Jiangsu Meilan Chemical Co., Ltd.
Taizhou Qingsong Refrigerant New Material Co., Ltd.
Zhejiang Sanmei Chemical Industry Co., Ltd.
Shandong Huaan New Material Co., Ltd.
Liaocheng Fuer New Materials Technology Co., Ltd.
Ruyuan Dongyangguang Fluorine Co., Ltd.
Shandong Xinlong Science Technology Co., Ltd.
Linhai Limin Chemicals Co., Ltd.
Dongyang Weihua Refrigerants Co., Ltd.
Zhejiang Fulai Refrigerant Co., Ltd.
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Exporter
Producer
Non-individually examined exporters receiving separate rates
Producers supplying the non-individually—examined exporters receiving separate rates
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Ninhua Group Co., Ltd ..............................................................................
Shandong Huaan New Material Co., Ltd ..................................................
T.T. International Co., Ltd .........................................................................
T.T. International Co., Ltd .........................................................................
T.T. International Co., Ltd .........................................................................
Zhejiang Sanmei Chemical Ind. Co., Ltd ..................................................
Zhejiang Sanmei Chemical Ind. Co., Ltd ..................................................
[FR Doc. 2021–01014 Filed 1–15–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States-Mexico-Canada
Agreement (USMCA), Article 10.12:
Binational Panel Review: Notice of
Request for Panel Review
United States Section, USMCA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of USMCA request for
panel review.
AGENCY:
A Request for Panel Review
was filed on behalf of Resolute FP
Canada Inc., the Conseil de l’Industrie
forestie`re du Que´bec (‘‘CIFQ’’), and the
Ontario Forest Industries Association
(‘‘OFIA’’) (together, ‘‘Central Canada’’)
with the United States Section of the
USMCA Secretariat on December 22,
2020, pursuant to USMCA Article 10.12.
Panel Review was requested of the U.S.
International Trade Administration’s
Final Results of the Antidumping Duty
Administrative Review (2017–2018) in
Certain Softwood Lumber from Canada,
which was published in the Federal
Register on November 30, 2020. The
USMCA Secretariat has assigned case
number USA–CDA–2020–10.12–02 to
this request.
FOR FURTHER INFORMATION CONTACT:
Vidya Desai, Acting United States
Secretary, USMCA Secretariat, Room
2061, 1401 Constitution Avenue NW,
Washington, DC 20230, 202–482–5438.
SUPPLEMENTARY INFORMATION: Article
10.12 of Chapter 10 of USMCA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
SUMMARY:
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Zhejiang Guomao Industrial Co., Ltd.
Zhejiang Yonghe Refrigerant Co., Ltd.
Shanghai Aohong Chemical Co., Ltd.
Shandong Huaan New Material Co., Ltd.
Sinochem Lantian Fluoro Materials Co., Ltd.
Zhejiang Sanmei Chemical Industry Co., Ltd.
Shandong Huaan New Material Co., Ltd.
Jiangsu Sanmei Chemical Ind. Co., Ltd.
Fujian Qingliu Dongying Chemical Co., Ltd.
and issue a binding Panel Decision.
There are established USMCA Rules of
Procedure for Article 10.12 (Binational
Panel Reviews), which were adopted by
the three governments for panels
requested pursuant to Article 10.12(2) of
USMCA which requires Requests for
Panel Review to be published in
accordance with Rule 40. For the
complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/
rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 44 no later than
30 days after the filing of the first
Request for Panel Review (the deadline
for filing a Complaint is January 21,
2021);
(b) A Party, an investigating authority
or other interested person who does not
file a Complaint but who intends to
participate in the panel review shall file
a Notice of Appearance in accordance
with Rule 45 no later than 45 days after
the filing of the first Request for Panel
Review (the deadline for filing a Notice
of Appearance is February 5, 2021);
(c) The panel review will be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: December 29, 2020.
Vidya Desai,
Acting U.S. Secretary, USMCA Secretariat.
[FR Doc. 2020–29126 Filed 1–15–21; 8:45 am]
BILLING CODE 3510–GT–P
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DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Generic Request for
Customer Service-Related Data
Collections
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before March 22, 2021.
ADDRESSES: Interested persons are
invited to submit written comments by
mail to Maureen O’Reilly, Management
Analyst, NIST at PRAcomments@
doc.gov. Please reference OMB Control
Number 0693–0031 in the subject line of
your comments. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Maureen
O’Reilly, Management Analyst, NIST,
via email maureen.oreilly@nist.gov or at
301–975–3189.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5136-5139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01014]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-121]
Difluoromethane (R-32) From the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
difluoromethane (R-32) from the People's Republic of China (China) is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation is July 1, 2019 through
December 31, 2019. The final dumping margins of sales at LTFV are
listed below in the ``Final Determination'' section of this notice.
DATES: Applicable January 19, 2021.
FOR FURTHER INFORMATION CONTACT: Joshua Tucker or William Miller, 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) 482-2044 or (202)
482-3906, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2020, Commerce published the Preliminary
Determination of sales at LTFV of R-32 from China,\1\ in which we also
postponed the final determination to January 11, 2021. The petitioner
in this investigation is Arkema Inc. The mandatory respondents in this
investigation are Taizhou Qingsong Refrigerant New Material Co., Ltd.
(Taizhou Qingsong) and Zibo Feiyuan Chemical Co., Ltd. (Zibo Feiyuan).
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\1\ See Difluoromethane (R-32) from the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 85 FR 52950
(August 27, 2020) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by the parties for this final determination are discussed in the
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Difluoromethane (R-32) from the People's Republic
of China,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is R-32 from China. For a
complete description of the scope of this investigation, see Appendix
I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
Verification
Commerce normally verifies information relied upon in making its
final determination, pursuant to section 782(i)(1) of the Tariff Act of
1930, as amended (the Act). However, due to current travel restrictions
in response to the global COVID-19 pandemic, Commerce was unable to
conduct on-site verification in this investigation.\3\ Consistent with
section 776(a)(2)(D) of the Act, Commerce relied on the information
submitted on the record, which we used in making our Preliminary
Determination, as facts available in making our final determination.
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\3\ See Memorandum, ``Cancelation of Verification and Briefing
Schedule,'' dated October 21, 2020.
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Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, we made no changes to the antidumping duty margin calculations
for Taizhou Qingsong and Zibo Feiyuan.
China-Wide Entity and the Use of Adverse Facts Available
We continue to find that the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act, is warranted in
determining the rate for the China-wide entity.\4\ In selecting the AFA
rate for the China-wide entity, Commerce's practice is to select a rate
that is sufficiently adverse to ensure that the uncooperative party
does not obtain a more favorable result by failing to cooperate than if
it had fully cooperated.\5\ As AFA, we assigned the
[[Page 5137]]
China-wide entity a dumping margin of 221.06 percent, which is the
highest calculated rate in this investigation. Because this constitutes
primary information, the statutory corroboration requirement in section
776(c) of the Act does not apply.
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\4\ The China-wide entity includes those companies who did not
submit a separate rate application, and those companies Commerce
determined were ineligible to receive a separate rate.
\5\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland,
70 FR 28279 (May 17, 2005).
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Separate Rates
For the final determination, we continue to find that Taizhou
Qingsong, Zibo Feiyuan, Icool International (Hong Kong) Limited, Ninhua
Group Co., Ltd., Shandong Huaan New Material Co., Ltd., T.T.
International Co., Ltd., and Zhejiang Sanmei Chemical Ind. Co. Ltd. are
eligible for separate rates. Generally, Commerce looks to section
735(c)(5)(A) of the Act, which provides instructions for calculating
the all-others rate in an investigation, for guidance when calculating
the rate for separate rate respondents that we did not individually
examine. Section 735(c)(5)(A) of the Act states that the estimated all-
others rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding zero or de minimis
margins, and any margins determined entirely under section 776 of
Act.\6\ In this proceeding, Commerce calculated above de minimis rates
that are not based entirely on facts available for Taizhou Qingsong and
Zibo Feiyuan, the two mandatory respondents under individual
examination. Thus, looking to section 735(c)(5)(A) of the Act for
guidance, and consistent with our practice,\7\ based on publicly ranged
sales data, we assigned the weighted-average of these mandatory
respondents' rates as the rate for non-individually examined companies
that have qualified for a separate rate.
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\6\ See, e.g., 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.
\7\ 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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Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. For a list of
the respondents that established eligibility for their own separate
rates and the exporter/producer combination rates applicable to these
respondents, see Appendix III.
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\8\ See Initiation Notice, 84 FR at 7335.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
Producer Exporter average
dumping margin
(percent)
------------------------------------------------------------------------
Taizhou Qingsong Refrigerant New Taizhou Qingsong 161.49
Material Co., Ltd.. Refrigerant New
Material Co., Ltd..
Zibo Feiyuan Chemical Co., Ltd.... Zibo Feiyuan 221.06
Chemical Co., Ltd..
Zibo Feiyuan Chemical Co., Ltd.... T.T. International 221.06
Co., Ltd..
Producers Supplying the Non- Non-Individually 196.19
Individually--Examined Exporters Examined Exporters
Receiving Separate Rates (see Receiving Separate
Appendix III). Rates (see Appendix
III).
China-Wide Entity................. .................... 221.06
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination, in accordance with
19 CFR 351.224(b). However, because Commerce made no changes to its
Preliminary Determination margin calculations for the mandatory
respondents in this investigation, there are no calculations to
disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of R-32 from Taizhou
Qingsong and Zibo Feiyuan, the separate rates companies, and the China-
wide entity.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which NV exceeds
U.S. price as follows: (1) The cash deposit rate for the exporter/
producer combination listed in the table above or in Appendix III will
be the rate identified for that combination in that table or Appendix
III; (2) for all combinations of exporters/producers of merchandise
under consideration that have not received their own separate rate, the
cash deposit rate will be the cash deposit rate established for the
China-wide entity; and (3) for all non-Chinese exporters of the
merchandise under consideration which have not received their own
separate rate, the cash deposit rate will be the cash deposit rate
applicable to the Chinese exporter/producer combination that supplied
that non-Chinese exporter. These suspension of liquidation instructions
will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our determination. Because the
final determination in this proceeding is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of R-32 from China no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
[[Page 5138]]
Notification Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an administrative protective order (APO) of their
responsibility concerning the destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: January 11, 2021.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is difluoromethane
(R-32), or its chemical equivalent, regardless of form, type or
purity level. R-32 has the Chemical Abstracts Service (CAS) registry
number of 75-10-5 and the chemical formula CH2 F2. R-32 is also
referred to as difluoromethane, HFC-32, FC-32, Freon-32, methylene
difluoride, methylene fluoride, carbon fluoride hydride, halocarbon
R32, fluorocarbon R32, and UN 3252. Subject merchandise also
includes R-32 and unpurified R-32 that are processed in a third
country or the United States, including, but not limited to,
purifying or any other processing that would not otherwise remove
the merchandise from the scope of this investigation if performed in
the country of manufacture of the in-scope R-32. R-32 that has been
blended with products other than pentafluoroethane (R-125) is
included within this scope if such blends contain 85% or more by
volume on an actual percentage basis of R-32. In addition, R-32 that
has been blended with any amount of R-125 is included within this
scope if such blends contain more than 52% by volume on an actual
percentage basis of R-32. Whether R-32 is blended with R-125 or
other products, only the R-32 component of the mixture is covered by
the scope of this investigation. The scope also includes R-32 that
is commingled with R-32 from sources not subject to this
investigation. Only the subject component of such commingled
products is covered by the scope of this investigation.
Excluded from the current scope is merchandise covered by the
scope of the antidumping order on hydrofluorocarbon blends from the
People's Republic of China. See Hydrofluorocarbon Blends from the
People's Republic of China: Antidumping Duty Order, 81 FR 55436
(August 19, 2016) (the Blends Order).
R-32 is classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheading 2903.39.2035. Other merchandise
subject to the current scope, including the abovementioned blends
that are outside the scope of the Blends Order, may be classified
under 2903.39.2045 and 3824.78.0020. The HTSUS subheadings and CAS
registry number are provided for convenience and customs purposes.
The written description of the scope of the investigation is
dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. China-Wide Rate
IV. Calculation Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether to Apply Partial AFA to Taizhou Qingsong and
Zibo Feiyuan for Reporting Issues
Comment 2: Selection of the Primary Surrogate Country
Comment 3: Calculation of the Surrogate Value for Russian Truck
Freight
VI. Recommendation
Appendix III
Separate Rate Companies
------------------------------------------------------------------------
Exporter Producer
------------------------------------------------------------------------
Producers supplying the non-
Non-individually examined exporters individually--examined exporters
receiving separate rates receiving separate rates
------------------------------------------------------------------------
Icool International (Hong Kong) Changshu 3F Zhonghao New Chemical
Limited. Materials Co., Ltd.
Icool International (Hong Kong) Zhejiang Zhiyang Chemical Co., Ltd.
Limited.
Icool International (Hong Kong) Taizhou Huasheng New Refrigeration
Limited. Material Co., Ltd.
Icool International (Hong Kong) Zhejiang Lishui Fuhua Chemical Co.,
Limited. Ltd.
Icool International (Hong Kong) Zibo Feiyuan Chemical Co., Ltd.
Limited.
Icool International (Hong Kong) Jiangsu Meilan Chemical Co., Ltd.
Limited.
Icool International (Hong Kong) Taizhou Qingsong Refrigerant New
Limited. Material Co., Ltd.
Icool International (Hong Kong) Zhejiang Sanmei Chemical Industry
Limited. Co., Ltd.
Icool International (Hong Kong) Shandong Huaan New Material Co.,
Limited. Ltd.
Icool International (Hong Kong) Liaocheng Fuer New Materials
Limited. Technology Co., Ltd.
Icool International (Hong Kong) Ruyuan Dongyangguang Fluorine Co.,
Limited. Ltd.
Icool International (Hong Kong) Shandong Xinlong Science Technology
Limited. Co., Ltd.
Icool International (Hong Kong) Linhai Limin Chemicals Co., Ltd.
Limited.
Icool International (Hong Kong) Dongyang Weihua Refrigerants Co.,
Limited. Ltd.
Icool International (Hong Kong) Zhejiang Fulai Refrigerant Co.,
Limited. Ltd.
Icool International (Hong Kong) Zhejiang Guomao Industrial Co.,
Limited. Ltd.
Icool International (Hong Kong) Zhejiang Yonghe Refrigerant Co.,
Limited. Ltd.
Icool International (Hong Kong) Shanghai Aohong Chemical Co., Ltd.
Limited.
Ninhua Group Co., Ltd.............. Changshu 3F Zhonghao New Chemical
Materials Co., Ltd
Ninhua Group Co., Ltd.............. Zhejiang Zhiyang Chemical Co., Ltd.
Ninhua Group Co., Ltd.............. Taizhou Huasheng New Refrigeration
Material Co., Ltd.
Ninhua Group Co., Ltd.............. Zhejiang Lishui Fuhua Chemical Co.,
Ltd.
Ninhua Group Co., Ltd.............. Zibo Feiyuan Chemical Co., Ltd.
Ninhua Group Co., Ltd.............. Jiangsu Meilan Chemical Co., Ltd.
Ninhua Group Co., Ltd.............. Taizhou Qingsong Refrigerant New
Material Co., Ltd.
Ninhua Group Co., Ltd.............. Zhejiang Sanmei Chemical Industry
Co., Ltd.
Ninhua Group Co., Ltd.............. Shandong Huaan New Material Co.,
Ltd.
Ninhua Group Co., Ltd.............. Liaocheng Fuer New Materials
Technology Co., Ltd.
Ninhua Group Co., Ltd.............. Ruyuan Dongyangguang Fluorine Co.,
Ltd.
Ninhua Group Co., Ltd.............. Shandong Xinlong Science Technology
Co., Ltd.
Ninhua Group Co., Ltd.............. Linhai Limin Chemicals Co., Ltd.
Ninhua Group Co., Ltd.............. Dongyang Weihua Refrigerants Co.,
Ltd.
Ninhua Group Co., Ltd.............. Zhejiang Fulai Refrigerant Co.,
Ltd.
[[Page 5139]]
Ninhua Group Co., Ltd.............. Zhejiang Guomao Industrial Co.,
Ltd.
Ninhua Group Co., Ltd.............. Zhejiang Yonghe Refrigerant Co.,
Ltd.
Ninhua Group Co., Ltd.............. Shanghai Aohong Chemical Co., Ltd.
Shandong Huaan New Material Co., Shandong Huaan New Material Co.,
Ltd. Ltd.
T.T. International Co., Ltd........ Sinochem Lantian Fluoro Materials
Co., Ltd.
T.T. International Co., Ltd........ Zhejiang Sanmei Chemical Industry
Co., Ltd.
T.T. International Co., Ltd........ Shandong Huaan New Material Co.,
Ltd.
Zhejiang Sanmei Chemical Ind. Co., Jiangsu Sanmei Chemical Ind. Co.,
Ltd. Ltd.
Zhejiang Sanmei Chemical Ind. Co., Fujian Qingliu Dongying Chemical
Ltd. Co., Ltd.
------------------------------------------------------------------------
[FR Doc. 2021-01014 Filed 1-15-21; 8:45 am]
BILLING CODE 3510-DS-P
