Difluoromethane (R-32) From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 5136-5139 [2021-01014]

Download as PDF 5136 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 khammond on DSKJM1Z7X2PROD with NOTICES [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: VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 E:\FR\FM\19JAN1.SGM 19JAN1 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. khammond on DSKJM1Z7X2PROD with NOTICES 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), VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 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), PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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. E:\FR\FM\19JAN1.SGM 19JAN1 5138 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 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 khammond on DSKJM1Z7X2PROD with NOTICES 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 .............................................................................. VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 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. Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 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: khammond on DSKJM1Z7X2PROD with NOTICES 5139 VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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: E:\FR\FM\19JAN1.SGM 19JAN1

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]


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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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \8\ See Initiation Notice, 84 FR at 7335.
---------------------------------------------------------------------------

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