Pentafluoroethane (R-125) From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 8583-8588 [2021-02529]

Download as PDF Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices For audio, please call the following number: 1–888–843–6166 OR 1–517– 308–9473. When prompted, please use the following Password: @Census1, and Passcode: 1641483. FOR FURTHER INFORMATION CONTACT: Shana Banks, Advisory Committee Branch Chief, Office of Program, Performance and Stakeholder Integration (PPSI), shana.j.banks@ census.gov, Department of Commerce, U.S. Census Bureau, telephone 301– 763–3815. For TTY callers, please use the Federal Relay Service at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: The Committee provides scientific and technical expertise to address Census Bureau program needs and objectives. The members of the CSAC are appointed by the Director of the Census Bureau. The Committee has been established in accordance with the Federal Advisory Committee Act (Title 5, United States Code, Appendix 2, Section 10). All meetings are open to the public. A brief period will be set aside during the virtual meeting for public comments on March 19, 2021. However, individuals with extensive questions or statements must submit them in writing to shana.j.banks@census.gov, (subject line ‘‘2021 CSAC Spring Virtual Meeting Public Comment’’). Ron S. Jarmin, Acting Director, Bureau of the Census, approved the publication of this Notice in the Federal Register. Dated: February 3, 2021. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2021–02488 Filed 2–5–21; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Dated: February 2, 2021. Andrew McGilvray, Executive Secretary. Foreign-Trade Zones Board [FR Doc. 2021–02515 Filed 2–5–21; 8:45 am] [B–05–2021] BILLING CODE 3510–DS–P Foreign-Trade Zone (FTZ) 265— Conroe, Texas; Notification of Proposed Production Activity; Bauer Manufacturing LLC, d/b/a NEORig (Water Well Drilling Rigs), Conroe, Texas jbell on DSKJLSW7X2PROD with NOTICES 400.22) was received on February 1, 2021. Bauer already has authority to produce pile drivers and leads, boring machinery, foundation construction equipment, stationary oil/gas drilling rigs, and related parts and assemblies within FTZ 265. The current request would add two finished products to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Bauer from customs duty payments on the foreign-status materials/components used in export production. On its domestic sales, for the foreign-status materials/components in the existing scope of authority, Bauer would be able to choose the duty rates during customs entry procedures that apply to water well drilling rigs, and self-propelled water well drilling rigs (duty-free). Bauer would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is March 22, 2021. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Juanita Chen at juanita.chen@trade.gov or 202–482–1378. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–217–2020] The City of Conroe, grantee of FTZ 265, submitted a notification of proposed production activity to the FTZ Board on behalf of Bauer Manufacturing LLC, d/b/a/NEORig (Bauer), located in Conroe, Texas. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR VerDate Sep<11>2014 20:48 Feb 05, 2021 Jkt 253001 Approval of Subzone Expansion; Abbott Laboratories, Itasca, Illinois On December 8, 2020, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Illinois International Port District, grantee of FTZ 22, requesting an expansion of Subzone 22F PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 8583 subject to the existing activation limit of FTZ 22, on behalf of Abbott Laboratories, in Itasca, Illinois. The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (85 FR 80770–80771, December 14, 2020). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to expand Subzone 22F was approved on February 1, 2021, subject to the FTZ Act and the Board’s regulations, including Section 400.13, and further subject to FTZ 22’s 2,000acre activation limit. Dated: February 1, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–02514 Filed 2–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–137] Pentafluoroethane (R–125) From the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 1, 2021. FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or Alex Wood, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2185 or (202) 482–1959, respectively. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On January 12, 2021, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of pentafluoroethane (R–125) from the People’s Republic of China (China) filed in proper form on behalf of Honeywell International, Inc. (the petitioner), the sole domestic producer of R–125.1 The Petition was accompanied by a countervailing duty (CVD) petition 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: R–125 (Pentafluoroethane) from the People’s Republic of China,’’ dated January 12, 2021 (the Petition) at Volume I and Exhibit I–1. E:\FR\FM\08FEN1.SGM 08FEN1 8584 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices concerning imports of R–125 from China.2 On January 14, 22, and 27, 2021, Commerce requested supplemental information pertaining to certain aspects of the Petition in separate supplemental questionnaires and a phone call with the petitioner.3 On January 19, 25, and 28, 2021, the petitioner filed timely responses to these requests for additional information.4 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of R–125 from China are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act and that imports of such products are materially injuring, or threatening material injury to, the domestic R–125 industry in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting the allegation. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested AD investigation.5 jbell on DSKJLSW7X2PROD with NOTICES 2 Id. 3 See Commerce’s Letters, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Pentafluoroethane (R–125) from the People’s Republic of China: Supplemental Questions’’ and ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Pentafluoroethane (R–125) from the People’s Republic of China: Supplemental Questions,’’ both dated January 14, 2021 (General Issues Supplemental); see also Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Pentafluoroethane (R–125) from the People’s Republic of China: Phone Call with Counsel to the Petitioner,’’ dated January 22, 2021 (Phone Call with Petitioner’s Counsel); and Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Pentafluoroethane (R–125) from the People’s Republic of China: Phone Call with Counsel to the Petitioner,’’ dated January 27, 2021 (Second Phone Call with Petitioner’s Counsel). 4 See Petitioner’s Letter, ‘‘R–125 (Pentafluoroethane) from the People’s Republic of China: Honeywell International Inc.’s Supplemental Questionnaire Response,’’ dated January 19, 2021 (Petitioner’s First Supplemental Questionnaire Response); see also Petitioner’s Letter, ‘‘R–125 (Pentafluoroethane) from the People’s Republic of China: Honeywell International Inc.’s Second Supplemental Questionnaire Response,’’ dated January 25, 2021 (Petitioner’s Second Supplemental Questionnaire Response); and Petitioner’s Letter, ‘‘R–125 (Pentafluoroethane) from the People’s Republic of China: Honeywell International Inc.’s Third Supplemental Questionnaire Response,’’ dated January 28, 2021 (Petitioner’s Third Supplemental Questionnaire Response). 5 See ‘‘Determination of Industry Support for the Petition’’ section, infra. VerDate Sep<11>2014 20:48 Feb 05, 2021 Jkt 253001 Period of Investigation Because China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) is July 1, 2020, through December 31, 2020. Scope of the Investigation The product covered by this investigation is R–125 from China. For a full description of the scope of this investigation, see the appendix to this notice. Comments on the Scope of the Investigation On January 14, 22, and 27, 2021, Commerce requested further information from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.6 On January 19 and 28, 2021, the petitioner revised the scope.7 The description of the merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).8 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information, all such factual information should be limited to public information.9 To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on February 22, 2021, which is the next business day after 20 calendar days from the signature date of this notice.10 Any rebuttal comments, which may include factual information, must be filed by 6 See General Issues Supplemental at 3; see also Phone Call with Petitioner’s Counsel at 1; and Second Phone Call with Petitioner’s Counsel at 1. 7 See Petitioner’s First Supplemental Questionnaire Response at 1–2; see also Petitioner’s Third Supplemental Questionnaire Response at 1–2. 8 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 10 Commerce’s practice dictates that where a deadline falls on a weekend or Federal holiday (in this instance, February 21, 2021), the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005) (Next Business Day Rule). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 5:00 p.m. ET on March 4, 2021, which is 10 calendar days from the initial comment deadline.11 Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All scope submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s (E&C’s) Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.12 An electronically filed document must be received successfully in its entirety by the time and date it is due. Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of R–125 to be reported in response to Commerce’s AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production (FOPs) accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on February 22, 2021, which is the next business day after 20 calendar days from the signature date of this notice.13 Any 11 See 19 CFR 351.303(b). Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. 13 See 19 CFR 351.303(b). Commerce practice dictates that where a deadline falls on a weekend or Federal holiday (in this instance, February 21, 12 See E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on March 4, 2021, which is ten calendar days after the initial comment deadline. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of the AD investigation. jbell on DSKJLSW7X2PROD with NOTICES Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,14 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.15 2021), the appropriate deadline is the next business day. See Next Business Day Rule, 70 FR at 24533. 14 See section 771(10) of the Act. 15 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp. v. VerDate Sep<11>2014 20:48 Feb 05, 2021 Jkt 253001 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.16 Based on our analysis of the information submitted on the record, we have determined that R–125, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.17 In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2020.18 The petitioner states that there are no other known U.S. producers of R–125; therefore, the Petition is supported by 100 percent of the U.S. industry.19 We relied on data provided by the petitioner for purposes of measuring industry support.20 Our review of the data provided in the Petition, the Petitioner’s First Supplemental Questionnaire Response, and other information readily available to Commerce indicates that the United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 16 See Volume I of the Petition at 11–14 and Exhibit I–3. 17 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Antidumping Duty Investigation Initiation Checklist: Pentafluoroethane (R–125) from the People’s Republic of China (AD Initiation Checklist) at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Pentafluoroethane (R–125) from the People’s Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. 18 See Petitioner’s First Supplemental Questionnaire Response at 2–3 and Exhibit Supp– I–10b. 19 See Volume I of the Petition at 2–4 and Exhibit I–1; see also Petitioner’s First Supplemental Questionnaire Response at Exhibit Supp–I–1. 20 See Volume I of the Petition at 2–4 and Exhibit I–1; see also Petitioner’s First Supplemental Questionnaire Response at 2–3 and Exhibits Supp– I–1 and Supp–I–10b. For further discussion, see Attachment II of the AD Initiation Checklist. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 8585 petitioner has established industry support for the Petition. First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product, and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.23 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.24 Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.25 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression and suppression; lost sales and revenues; decline in employment variables; declining profitability; adverse impact on capital expenditures and capacity utilization; and the magnitude of the alleged dumping margins.26 We assessed the allegations and supporting evidence regarding material injury, threat of 21 See Attachment II of the AD Initiation Checklist; see also section 732(c)(4)(D) of the Act. 22 See Attachment II of the AD Initiation Checklist. 23 Id. 24 Id. 25 See Volume I of the Petition at 14–15 and Exhibit I–8. 26 Id. at 9–10, 14–26 and Exhibits I–2, I–7 through I–10 and I–13. E:\FR\FM\08FEN1.SGM 08FEN1 8586 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.27 Allegations of Sales at LTFV The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate the AD investigation of imports of R–125 from China. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the AD Initiation Checklist. U.S. Price The petitioner based export price (EP) on two methodologies: (1) Information from a sale of R–125 produced in and exported from China by a Chinese producer; and (2) transaction-specific average unit values (AUVs) derived from publicly-available import data and tied to ship manifest data obtained from ImportGenius and Datamyne.28 The petitioner made adjustment for movement and other expenses, where appropriate.29 Normal Value jbell on DSKJLSW7X2PROD with NOTICES Commerce considers China to be an NME country.30 In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on FOPs valued in a surrogate market economy country, in accordance with section 773(c) of the Act. The petitioner states that the Russian Federation (Russia) is an appropriate surrogate country because Russia is a market economy country that is at a level of economic development comparable to that of China and is a 27 See AD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Pentafluoroethane (R–125) from the People’s Republic of China (Attachment III). 28 See the AD Initiation Checklist. 29 Id. 30 See, e.g., Antidumping Duty Investigation of Certain Aluminum Foil from the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017), and accompanying Preliminary Decision Memorandum at ‘‘China’s Status as a NonMarket Economy,’’ unchanged in Certain Aluminum Foil from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018). VerDate Sep<11>2014 20:48 Feb 05, 2021 Jkt 253001 significant producer of comparable merchandise.31 The petitioner submitted publicly-available information from Russia to value all FOPs.32 Based on the information provided by the petitioner, we determine that it is appropriate to use Russia as a surrogate country for China for initiation purposes. Interested parties will have the opportunity to submit comments regarding surrogate country selections and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination. Factors of Production The petitioner used its own productspecific consumption rates as a surrogate to value Chinese manufacturers’ FOPs.33 Additionally, the petitioner calculated factory overhead; selling, general and administrative expenses; and profit based on the experience of a Russian producer of R–125.34 Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of R–125 from China are being, or are likely to be, sold in the United States at LTFV. Based on a comparison of EP to NV, in accordance with sections 772 and 773 of the Act, the estimated dumping margins for R–125 from China range from 149.09 percent to 238.83 percent.35 Initiation of LTFV Investigation Based upon our examination of the Petition on R–125 from China and supplemental responses, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of R–125 from China are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation. 31 See Volume II of the Petition at 3 and Exhibits II–1, II–2. 32 See Petitioner’s First Supplemental Questionnaire Response at Exhibit Supp-II–11; see also Petitioner’s Second Supplemental Questionnaire Response at Exhibit SS–II–11. 33 See Volume II of the Petition at 6 and Exhibit II–10; see also Petitioner’s First Supplemental Questionnaire Response at Exhibit Supp–I–1. 34 See Volume II of the Petition at 3 and Exhibits II–3 and II–12. 35 See Petitioner’s Second Supplemental Questionnaire Response at Exhibit SS–II–19. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Respondent Selection In the Petition, the petitioner named 11 companies in China as producers and/or exporters of R–125.36 In accordance with our standard practice for respondent selection in AD investigations involving NME countries, Commerce selects respondents based on quantity and value (Q&V) questionnaires in cases where it has determined that the number of companies is large and it cannot individually examine each company based upon its resources. Therefore, considering the number of producers and exporters identified in the Petition, Commerce will solicit Q&V information that can serve as a basis for selecting exporters for individual examination in the event that Commerce decides to limit the number of respondents individually examined pursuant to section 777A(c)(2) of the Act. Because there are 11 producers and/or exporters identified in the Petition, Commerce has determined that it will issue Q&V questionnaires to each potential respondent for which the petitioner has provided a complete address. In addition, Commerce will post the Q&V questionnaire along with filing instructions on E&C’s website at https:// enforcement.trade.gov/questionnaires/ questionnaires-ad.html. Producers/ exporters of R–125 from China that do not receive Q&V questionnaires may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from E&C’s website. In accordance with the standard practice for respondent selection in AD cases involving NME countries, in the event Commerce decides to limit the number of respondents individually investigated, Commerce intends to base respondent selection on the responses to the Q&V questionnaire that it receives. Responses to the Q&V questionnaire must be submitted by the relevant Chinese producers/exporters no later than 5:00 p.m. ET on February 17, 2021. All Q&V questionnaire responses must be filed electronically via ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above. Interested parties must submit applications for disclosure under Administrative Protective Order (APO) in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on E&C’s website at http://enforcement.trade.gov/apo. Commerce intends to finalize its 36 See Volume I of the Petition at 9 and Exhibit I–11. E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices decisions regarding respondent selection within 20 days of publication of this notice. Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.37 The specific requirements for submitting a separate-rate application in a China investigation are outlined in detail in the application itself, which is available on E&C’s website at http://enforcement.trade.gov/ nme/nme-sep-rate.html. The separaterate application will be due 30 days after publication of this initiation notice.38 Producers/exporters who submit a separate-rate application and have been selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of Commerce’s AD questionnaire as mandatory respondents. Commerce requires that respondents from China submit a response to both the Q&V questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. Companies not filing a timely Q&V questionnaire response will not receive separate rate consideration. Use of Combination Rates Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states: jbell on DSKJLSW7X2PROD with NOTICES {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the {Commerce} will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of ‘‘combination rates’’ because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to 37 See Policy Bulletin 05.1: ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving NME Countries,’’ (April 5, 2005), available at http:// enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1). 38 Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that ‘‘the Secretary may request any person to submit factual information at any time during a proceeding,’’ this deadline is now 30 days. VerDate Sep<11>2014 20:48 Feb 05, 2021 Jkt 253001 an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.39 Distribution of Copies of the AD Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the Government of China via ACCESS. Furthermore, to the extent practicable, Commerce will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of R–125 from China are materially injuring, or threatening material injury to, a U.S. industry.40 A negative ITC determination will result in the investigation being terminated.41 Otherwise, the investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 42 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.43 Time limits for the submission of factual information are 39 See 40 See Policy Bulletin 05.1 at 6 (emphasis added). section 733(a) of the Act. 41 Id. 42 See 43 See PO 00000 19 CFR 351.301(b). 19 CFR 351.301(b)(2). Frm 00010 Fmt 4703 Sfmt 4703 8587 addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301 or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.44 Parties must use the certification formats provided in 19 CFR 351.303(g).45 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On 44 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 45 See E:\FR\FM\08FEN1.SGM 08FEN1 8588 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.46 This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: February 1, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Appendix Scope of the Investigation The merchandise covered by this investigation is pentafluoroethane (R–125), or its chemical equivalent, regardless of form, type or purity level. R–125 has the Chemical Abstracts Service (CAS) registry number of 354–33–6 and the chemical formula C2HF5. R–125 is also referred to as Pentafluoroethane, Genetron HFC 125, Khladon 125, Suva 125, Freon 125, and Fc125. Subject merchandise includes R–125, whether or not incorporated into a blend. When R–125 is blended with other products, only the R–125 component of the mixture is covered by the scope of this investigation. Subject merchandise also includes R–125 and unpurified R–125 that is processed in a third country or otherwise outside the customs territory of the United States, including, but not limited to, purifying, blending, 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–125. The scope also includes R–125 that is commingled with R–125 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–125 is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.39.2035. Merchandise subject to the scope may also be entered under HTSUS subheadings 2903.39.2045 and 3824.78.0020. The HTSUS subheadings and CAS registry number are provided for convenience and customs purposes. The 46 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 20:48 Feb 05, 2021 Jkt 253001 written description of the scope of the investigation is dispositive. [FR Doc. 2021–02529 Filed 2–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–831] Seamless Refined Copper Pipe and Tube From the Socialist Republic of Vietnam: Postponement of Final Determination of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is postponing the deadline for issuing the final determination in the less-than-fair-value (LTFV) investigation of imports of seamless refined copper pipe and tube (copper pipe and tube) from the Socialist Republic of Vietnam (Vietnam) until June 16, 2021, and is extending the provisional measures from a four-month period to a period of not more than six months. DATES: Applicable February 8, 2021. FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3609. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 20, 2020, Commerce initiated the LTFV investigation of imports of copper pipe and tube from Vietnam.1 The period of investigation is October 1, 2019, through March 31, 2020. On February 1, 2021, Commerce published its Preliminary Determination in this LTFV investigation.2 Postponement of the Final Determination Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary 1 See Seamless Refined Copper Pipe and Tube from the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigation, 85 FR 47181 (August 4, 2020). 2 See Seamless Refined Copper Pipe and Tube from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Negative Determination of Critical Circumstances, 86 FR 7698 (February 1, 2021) (Preliminary Determination). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by the exporters or producers who account for a significant portion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional measures from a four-month period to a period of not more than six months, in accordance with section 733(d) of the Act. On January 28, 2021, Hailiang (Vietnam) Copper Manufacturing Company Limited/Hongkong Hailiang Metal Trading Limited (also known as Hong Kong Hailiang Metal Trading Limited) (Hailiang Vietnam/Hongkong Hailiang), the sole mandatory respondent in this investigation, requested that Commerce postpone the deadline for the final determination until no later than 135 days from the publication of the Preliminary Determination and extend the application of the provisional measures from a four-month period to a period of not more than six months.3 Additionally, on January 28, 2021, the American Copper Tube Coalition and its constituent members 4 (the petitioners) requested that Commerce postpone the deadline for the final determination.5 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination was affirmative; (2) the request was made by the exporter and producer who accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination until no later than 135 days after the date of the publication of the Preliminary Determination and extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, Commerce will 3 See Hailiang Vietnam/Hongkong Hailiang’s Letter, ‘‘Hailiang Request to Postpone Final Determination in the Less-Than-Fair-Value Investigation of Seamless Refined Copper Pipe and Tube from the Socialist Republic of Vietnam: (A– 552–831),’’ dated January 28, 2021. 4 The members of the American Copper Tube Coalition are Mueller Copper Tube Products, Inc., Mueller Copper Tube West Co., Mueller Copper Tube Company, Inc., Howell Metal Company, and Linesets, Inc. (collectively, Mueller Group) and Cerro Flow Products, LLC. 5 See Petitioners’ Letter, ‘‘Seamless Refined Copper Pipe and Tube from Vietnam: Confirmation of No Objection to Extension of Final Results,’’ dated January 28, 2021. E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 86, Number 24 (Monday, February 8, 2021)]
[Notices]
[Pages 8583-8588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02529]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-137]


Pentafluoroethane (R-125) From the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation

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

DATES: Applicable February 1, 2021.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or Alex Wood, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2185 or (202) 482-1959, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On January 12, 2021, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
pentafluoroethane (R-125) from the People's Republic of China (China) 
filed in proper form on behalf of Honeywell International, Inc. (the 
petitioner), the sole domestic producer of R-125.\1\ The Petition was 
accompanied by a countervailing duty (CVD) petition

[[Page 8584]]

concerning imports of R-125 from China.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: R-125 (Pentafluoroethane) 
from the People's Republic of China,'' dated January 12, 2021 (the 
Petition) at Volume I and Exhibit I-1.
    \2\ Id.
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    On January 14, 22, and 27, 2021, Commerce requested supplemental 
information pertaining to certain aspects of the Petition in separate 
supplemental questionnaires and a phone call with the petitioner.\3\ On 
January 19, 25, and 28, 2021, the petitioner filed timely responses to 
these requests for additional information.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petition for the Imposition of 
Antidumping Duties on Imports of Pentafluoroethane (R-125) from the 
People's Republic of China: Supplemental Questions'' and ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Pentafluoroethane (R-125) from the People's Republic of 
China: Supplemental Questions,'' both dated January 14, 2021 
(General Issues Supplemental); see also Memorandum, ``Petitions for 
the Imposition of Antidumping and Countervailing Duties on Imports 
of Pentafluoroethane (R-125) from the People's Republic of China: 
Phone Call with Counsel to the Petitioner,'' dated January 22, 2021 
(Phone Call with Petitioner's Counsel); and Memorandum, ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Pentafluoroethane (R-125) from the People's Republic of 
China: Phone Call with Counsel to the Petitioner,'' dated January 
27, 2021 (Second Phone Call with Petitioner's Counsel).
    \4\ See Petitioner's Letter, ``R-125 (Pentafluoroethane) from 
the People's Republic of China: Honeywell International Inc.'s 
Supplemental Questionnaire Response,'' dated January 19, 2021 
(Petitioner's First Supplemental Questionnaire Response); see also 
Petitioner's Letter, ``R-125 (Pentafluoroethane) from the People's 
Republic of China: Honeywell International Inc.'s Second 
Supplemental Questionnaire Response,'' dated January 25, 2021 
(Petitioner's Second Supplemental Questionnaire Response); and 
Petitioner's Letter, ``R-125 (Pentafluoroethane) from the People's 
Republic of China: Honeywell International Inc.'s Third Supplemental 
Questionnaire Response,'' dated January 28, 2021 (Petitioner's Third 
Supplemental Questionnaire Response).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of R-125 from 
China are being, or are likely to be, sold in the United States at less 
than fair value (LTFV) within the meaning of section 731 of the Act and 
that imports of such products are materially injuring, or threatening 
material injury to, the domestic R-125 industry in the United States. 
Consistent with section 732(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to the petitioner 
supporting the allegation.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support for the initiation 
of the requested AD investigation.\5\
---------------------------------------------------------------------------

    \5\ See ``Determination of Industry Support for the Petition'' 
section, infra.
---------------------------------------------------------------------------

Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is July 1, 2020, 
through December 31, 2020.

Scope of the Investigation

    The product covered by this investigation is R-125 from China. For 
a full description of the scope of this investigation, see the appendix 
to this notice.

Comments on the Scope of the Investigation

    On January 14, 22, and 27, 2021, Commerce requested further 
information from the petitioner regarding the proposed scope to ensure 
that the scope language in the Petition is an accurate reflection of 
the products for which the domestic industry is seeking relief.\6\ On 
January 19 and 28, 2021, the petitioner revised the scope.\7\ The 
description of the merchandise covered by this investigation, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \6\ See General Issues Supplemental at 3; see also Phone Call 
with Petitioner's Counsel at 1; and Second Phone Call with 
Petitioner's Counsel at 1.
    \7\ See Petitioner's First Supplemental Questionnaire Response 
at 1-2; see also Petitioner's Third Supplemental Questionnaire 
Response at 1-2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information, all such 
factual information should be limited to public information.\9\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on February 22, 2021, which is the next business day after 20 
calendar days from the signature date of this notice.\10\ Any rebuttal 
comments, which may include factual information, must be filed by 5:00 
p.m. ET on March 4, 2021, which is 10 calendar days from the initial 
comment deadline.\11\
---------------------------------------------------------------------------

    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ Commerce's practice dictates that where a deadline falls on 
a weekend or Federal holiday (in this instance, February 21, 2021), 
the appropriate deadline is the next business day. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005) (Next Business Day 
Rule).
    \11\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All scope submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's (E&C's) Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
unless an exception applies.\12\ An electronically filed document must 
be received successfully in its entirety by the time and date it is 
due.
---------------------------------------------------------------------------

    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of R-125 to be reported in 
response to Commerce's AD questionnaires. This information will be used 
to identify the key physical characteristics of the subject merchandise 
in order to report the relevant factors of production (FOPs) 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaires, all 
product characteristics comments must be filed by 5:00 p.m. ET on 
February 22, 2021, which is the next business day after 20 calendar 
days from the signature date of this notice.\13\ Any

[[Page 8585]]

rebuttal comments, which may include factual information, must be filed 
by 5:00 p.m. ET on March 4, 2021, which is ten calendar days after the 
initial comment deadline. All comments and submissions to Commerce must 
be filed electronically using ACCESS, as explained above, on the record 
of the AD investigation.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.303(b). Commerce practice dictates that 
where a deadline falls on a weekend or Federal holiday (in this 
instance, February 21, 2021), the appropriate deadline is the next 
business day. See Next Business Day Rule, 70 FR at 24533.
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
---------------------------------------------------------------------------

    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp. v. United States, 688 F. Supp. 639, 
644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\16\ Based on our analysis of the information 
submitted on the record, we have determined that R-125, as defined in 
the scope, constitutes a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\17\
---------------------------------------------------------------------------

    \16\ See Volume I of the Petition at 11-14 and Exhibit I-3.
    \17\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklist: 
Pentafluoroethane (R-125) from the People's Republic of China (AD 
Initiation Checklist) at Attachment II, Analysis of Industry Support 
for the Antidumping and Countervailing Duty Petitions Covering 
Pentafluoroethane (R-125) from the People's Republic of China 
(Attachment II). This checklist is dated concurrently with this 
notice and on file electronically via ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2020.\18\ The petitioner 
states that there are no other known U.S. producers of R-125; 
therefore, the Petition is supported by 100 percent of the U.S. 
industry.\19\ We relied on data provided by the petitioner for purposes 
of measuring industry support.\20\
---------------------------------------------------------------------------

    \18\ See Petitioner's First Supplemental Questionnaire Response 
at 2-3 and Exhibit Supp-I-10b.
    \19\ See Volume I of the Petition at 2-4 and Exhibit I-1; see 
also Petitioner's First Supplemental Questionnaire Response at 
Exhibit Supp-I-1.
    \20\ See Volume I of the Petition at 2-4 and Exhibit I-1; see 
also Petitioner's First Supplemental Questionnaire Response at 2-3 
and Exhibits Supp-I-1 and Supp-I-10b. For further discussion, see 
Attachment II of the AD Initiation Checklist.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, the Petitioner's 
First Supplemental Questionnaire Response, and other information 
readily available to Commerce indicates that the petitioner has 
established industry support for the Petition. First, the Petition 
established support from domestic producers (or workers) accounting for 
more than 50 percent of the total production of the domestic like 
product, and, as such, Commerce is not required to take further action 
in order to evaluate industry support (e.g., polling).\21\ Second, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(i) of the Act because the 
domestic producers (or workers) who support the Petition account for at 
least 25 percent of the total production of the domestic like 
product.\22\ Finally, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(ii) 
of the Act because the domestic producers (or workers) who support the 
Petition account for more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the Petition.\23\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 732(b)(1) of the 
Act.\24\
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    \21\ See Attachment II of the AD Initiation Checklist; see also 
section 732(c)(4)(D) of the Act.
    \22\ See Attachment II of the AD Initiation Checklist.
    \23\ Id.
    \24\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------

    \25\ See Volume I of the Petition at 14-15 and Exhibit I-8.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression and 
suppression; lost sales and revenues; decline in employment variables; 
declining profitability; adverse impact on capital expenditures and 
capacity utilization; and the magnitude of the alleged dumping 
margins.\26\ We assessed the allegations and supporting evidence 
regarding material injury, threat of

[[Page 8586]]

material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\27\
---------------------------------------------------------------------------

    \26\ Id. at 9-10, 14-26 and Exhibits I-2, I-7 through I-10 and 
I-13.
    \27\ See AD Initiation Checklist at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering 
Pentafluoroethane (R-125) from the People's Republic of China 
(Attachment III).
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate the AD investigation 
of imports of R-125 from China. The sources of data for the deductions 
and adjustments relating to U.S. price and normal value (NV) are 
discussed in greater detail in the AD Initiation Checklist.

U.S. Price

    The petitioner based export price (EP) on two methodologies: (1) 
Information from a sale of R-125 produced in and exported from China by 
a Chinese producer; and (2) transaction-specific average unit values 
(AUVs) derived from publicly-available import data and tied to ship 
manifest data obtained from ImportGenius and Datamyne.\28\ The 
petitioner made adjustment for movement and other expenses, where 
appropriate.\29\
---------------------------------------------------------------------------

    \28\ See the AD Initiation Checklist.
    \29\ Id.
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Normal Value

    Commerce considers China to be an NME country.\30\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this investigation. Accordingly, NV in 
China is appropriately based on FOPs valued in a surrogate market 
economy country, in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------

    \30\ See, e.g., Antidumping Duty Investigation of Certain 
Aluminum Foil from the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less-Than-Fair Value and 
Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 
2017), and accompanying Preliminary Decision Memorandum at ``China's 
Status as a Non-Market Economy,'' unchanged in Certain Aluminum Foil 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 83 FR 9282 (March 5, 2018).
---------------------------------------------------------------------------

    The petitioner states that the Russian Federation (Russia) is an 
appropriate surrogate country because Russia is a market economy 
country that is at a level of economic development comparable to that 
of China and is a significant producer of comparable merchandise.\31\ 
The petitioner submitted publicly-available information from Russia to 
value all FOPs.\32\ Based on the information provided by the 
petitioner, we determine that it is appropriate to use Russia as a 
surrogate country for China for initiation purposes.
---------------------------------------------------------------------------

    \31\ See Volume II of the Petition at 3 and Exhibits II-1, II-2.
    \32\ See Petitioner's First Supplemental Questionnaire Response 
at Exhibit Supp-II-11; see also Petitioner's Second Supplemental 
Questionnaire Response at Exhibit SS-II-11.
---------------------------------------------------------------------------

    Interested parties will have the opportunity to submit comments 
regarding surrogate country selections and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    The petitioner used its own product-specific consumption rates as a 
surrogate to value Chinese manufacturers' FOPs.\33\ Additionally, the 
petitioner calculated factory overhead; selling, general and 
administrative expenses; and profit based on the experience of a 
Russian producer of R-125.\34\
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    \33\ See Volume II of the Petition at 6 and Exhibit II-10; see 
also Petitioner's First Supplemental Questionnaire Response at 
Exhibit Supp-I-1.
    \34\ See Volume II of the Petition at 3 and Exhibits II-3 and 
II-12.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of R-125 from China are being, or are likely to 
be, sold in the United States at LTFV. Based on a comparison of EP to 
NV, in accordance with sections 772 and 773 of the Act, the estimated 
dumping margins for R-125 from China range from 149.09 percent to 
238.83 percent.\35\
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    \35\ See Petitioner's Second Supplemental Questionnaire Response 
at Exhibit SS-II-19.
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Initiation of LTFV Investigation

    Based upon our examination of the Petition on R-125 from China and 
supplemental responses, we find that the Petition meets the 
requirements of section 732 of the Act. Therefore, we are initiating an 
AD investigation to determine whether imports of R-125 from China are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 140 days after the date of this initiation.

Respondent Selection

    In the Petition, the petitioner named 11 companies in China as 
producers and/or exporters of R-125.\36\
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    \36\ See Volume I of the Petition at 9 and Exhibit I-11.
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    In accordance with our standard practice for respondent selection 
in AD investigations involving NME countries, Commerce selects 
respondents based on quantity and value (Q&V) questionnaires in cases 
where it has determined that the number of companies is large and it 
cannot individually examine each company based upon its resources. 
Therefore, considering the number of producers and exporters identified 
in the Petition, Commerce will solicit Q&V information that can serve 
as a basis for selecting exporters for individual examination in the 
event that Commerce decides to limit the number of respondents 
individually examined pursuant to section 777A(c)(2) of the Act. 
Because there are 11 producers and/or exporters identified in the 
Petition, Commerce has determined that it will issue Q&V questionnaires 
to each potential respondent for which the petitioner has provided a 
complete address.
    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on E&C's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Producers/exporters of R-125 
from China that do not receive Q&V questionnaires may still submit a 
response to the Q&V questionnaire and can obtain a copy of the Q&V 
questionnaire from E&C's website. In accordance with the standard 
practice for respondent selection in AD cases involving NME countries, 
in the event Commerce decides to limit the number of respondents 
individually investigated, Commerce intends to base respondent 
selection on the responses to the Q&V questionnaire that it receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese producers/exporters no later than 5:00 p.m. ET on 
February 17, 2021. All Q&V questionnaire responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
Administrative Protective Order (APO) in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
E&C's website at http://enforcement.trade.gov/apo. Commerce intends to 
finalize its

[[Page 8587]]

decisions regarding respondent selection within 20 days of publication 
of this notice.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\37\ 
The specific requirements for submitting a separate-rate application in 
a China investigation are outlined in detail in the application itself, 
which is available on E&C's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 
days after publication of this initiation notice.\38\ Producers/
exporters who submit a separate-rate application and have been selected 
as mandatory respondents will be eligible for consideration for 
separate-rate status only if they respond to all parts of Commerce's AD 
questionnaire as mandatory respondents. Commerce requires that 
respondents from China submit a response to both the Q&V questionnaire 
and the separate-rate application by the respective deadlines in order 
to receive consideration for separate-rate status. Companies not filing 
a timely Q&V questionnaire response will not receive separate rate 
consideration.
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    \37\ See Policy Bulletin 05.1: ``Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving NME Countries,'' (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
    \38\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the {Commerce{time}  will 
now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the weighted-average of the individually calculated rates. 
This practice is referred to as the application of ``combination 
rates'' because such rates apply to specific combinations of 
exporters and one or more producers. The cash-deposit rate assigned 
to an exporter will apply only to merchandise both exported by the 
firm in question and produced by a firm that supplied the exporter 
during the period of investigation.\39\
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    \39\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of China via ACCESS. Furthermore, to the 
extent practicable, Commerce will attempt to provide a copy of the 
public version of the Petition to each exporter named in the Petition, 
as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of R-125 from China are materially injuring, or 
threatening material injury to, a U.S. industry.\40\ A negative ITC 
determination will result in the investigation being terminated.\41\ 
Otherwise, the investigation will proceed according to statutory and 
regulatory time limits.
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    \40\ See section 733(a) of the Act.
    \41\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \42\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\43\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301 or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\44\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\45\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \44\ See section 782(b) of the Act.
    \45\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On

[[Page 8588]]

January 22, 2008, Commerce published Antidumping and Countervailing 
Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 
FR 3634 (January 22, 2008). Parties wishing to participate in this 
investigation should ensure that they meet the requirements of these 
procedures (e.g., the filing of letters of appearance as discussed at 
19 CFR 351.103(d)). Note that Commerce has temporarily modified certain 
of its requirements for serving documents containing business 
proprietary information until further notice.\46\
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    \46\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: February 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is 
pentafluoroethane (R-125), or its chemical equivalent, regardless of 
form, type or purity level. R-125 has the Chemical Abstracts Service 
(CAS) registry number of 354-33-6 and the chemical formula 
C2HF5. R-125 is also referred to as 
Pentafluoroethane, Genetron HFC 125, Khladon 125, Suva 125, Freon 
125, and Fc-125. Subject merchandise includes R-125, whether or not 
incorporated into a blend. When R-125 is blended with other 
products, only the R-125 component of the mixture is covered by the 
scope of this investigation. Subject merchandise also includes R-125 
and unpurified R-125 that is processed in a third country or 
otherwise outside the customs territory of the United States, 
including, but not limited to, purifying, blending, 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-125. The scope also includes R-125 
that is commingled with R-125 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-125 is classified under Harmonized Tariff Schedule of the 
United States (HTSUS) subheading 2903.39.2035. Merchandise subject 
to the scope may also be entered under HTSUS subheadings 
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.

[FR Doc. 2021-02529 Filed 2-5-21; 8:45 am]
BILLING CODE 3510-DS-P