Pentafluoroethane (R-125) From the People's Republic of China: Initiation of Countervailing Duty Investigation, 8589-8593 [2021-02530]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
issue its final determination no later
than June 16, 2021.
Notice to Interested Parties
This notice is issued and published
pursuant to section 735(a)(2) of the Act
and 19 CFR 351.210(g).
Dated: February 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–02458 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:
jbell on DSKJLSW7X2PROD with NOTICES
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
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).
VerDate Sep<11>2014
20:48 Feb 05, 2021
Jkt 253001
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
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
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.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
8589
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
issue its final determination no later
than June 16, 2021.
Notice to Interested Parties
This notice is issued and published
pursuant to section 735(a)(2) of the Act
and 19 CFR 351.210(g).
Dated: February 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–02531 Filed 2–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–138]
Pentafluoroethane (R–125) From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua Tucker or Peter Skarlatos, 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) 482–0324,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On January 12, 2021, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of
pentafluoroethane (R–125) from the
People’s Republic of China (China) filed
in proper form on behalf of Honewell
International, Inc. (the petitioner).1 The
Petition was accompanied by an
antidumping duty (AD) petition
concerning imports of R–125 from
China.
Between January 14 and 27, 2021,
Commerce requested supplemental
information pertaining to certain aspects
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).
E:\FR\FM\08FEN1.SGM
08FEN1
8590
Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
of the Petition,2 to which the petitioner
filed responses between January 19 and
28, 2021.3
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of R–125
in China and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing R–125 in the United States.
Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those
alleged programs on which we are
initiating a CVD investigation, the
Petition is supported by information
reasonably available to the petitioner.
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 with respect to the initiation of
the requested CVD investigation.4
Period of Investigation
jbell on DSKJLSW7X2PROD with NOTICES
Because the Petition was filed on
January 12, 2021, the period of
investigation is January 1, 2020, through
December 31, 2020.5
2 See Commerce’s Letter, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Pentafluoroethane (R–125) from the People’s
Republic of China: Supplemental Questions,’’ dated
January 14, 2021; see also Commerce’s Letter,
‘‘Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of
Pentafluoroethane (R–125) from the People’s
Republic of China: Supplemental Questions,’’ dated
January 14, 2021 (General Issues Supplemental);
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated January 22, 2021 (Phone Call
with Petitioner’s Counsel); and Memorandum,
‘‘Phone Call with Counsel to the Petitioner,’’ dated
January 27, 2021 (Second Phone Call with
Petitioner’s Counsel).
3 See Petitioner’s Letter, ‘‘R–125
(Pentafluoroethane) from the People’s Republic of
China: Honeywell International Inc.’s CVD
Supplemental Questionnaire Response,’’ dated
January 19, 2021; see also Petitioner’s Letter, ‘‘R–
125 (Pentafluoroethane) from the People’s Republic
of China: Honeywell International Inc.’s
Supplemental Questionnaire Response,’’ dated
January 21, 2021 (Petitioner’s First Supplemental
Questionnaire Response); 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; 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).
4 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
5 See 19 CFR 351.204(b)(2).
VerDate Sep<11>2014
20:48 Feb 05, 2021
Jkt 253001
Scope of the Investigation
The merchandise 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 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
determination. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope 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.
Commerce requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
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,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
10 See 19 CFR 351.303(b). Commerce’s practice
dictates that where a deadline falls on a weekend
or Federal holiday, the appropriate deadline is the
next business day (in this instance, February 22,
2021). 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).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
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 comments must
also be filed on the record of the
concurrent AD investigation.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance (E&C)’s Antidumping
Duty and Countervailing Duty
Centralized Electronic Service System
(ACCESS), unless an exception
applies.11 An electronically filed
document must be received successfully
in its entirety by the time and date it is
due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided it the opportunity for
consultations with respect to the CVD
Petition.12 The GOC did not request
consultations.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(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 702(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
11 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 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.
12 See Commerce’s Letter, ‘‘Pentafluoroethane (R–
125) from the People’s Republic of China: Invitation
for Consultation to Discuss the Countervailing Duty
Petition,’’ dated January 14, 2021.
E:\FR\FM\08FEN1.SGM
08FEN1
Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
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,13 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.14
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.15 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.16
In determining whether the petitioner
has standing under section 702(c)(4)(A)
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
15 See Volume I of the Petition at 11–14 and
Exhibit I–3.
16 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklist: Pentafluoroethane
(R–125) from the People’s Republic of China (China
CVD 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.
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 2020.17 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.18 We relied on data provided
by the petitioner for purposes of
measuring industry support.19
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).20 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(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.21 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(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.22 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.23
13 See
jbell on DSKJLSW7X2PROD with NOTICES
14 See
VerDate Sep<11>2014
20:48 Feb 05, 2021
Jkt 253001
17 See Petitioner’s First Supplemental
Questionnaire Response at 2–3 and Exhibit Supp–
I–10b.
18 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.
19 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 China CVD Initiation Checklist.
20 See Attachment II of the China CVD Initiation
Checklist; see also section 702(c)(4)(D) of the Act.
21 See Attachment II of the China CVD Initiation
Checklist.
22 Id.
23 Id.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
8591
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.24
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; and adverse impact on
capital expenditures and capacity
utilization.25 We assessed the
allegations and supporting evidence
regarding material injury, threat of
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.26
Initiation of CVD Investigation
Based upon our examination of the
Petition and supplemental responses,
we find that the Petition meets the
requirements of section 702 of the Act.
Therefore, we are initiating a CVD
investigation to determine whether
imports of R–125 from China benefit
from countervailable subsidies
conferred by the GOC. Based on our
review of the Petition, we find that there
is sufficient information to initiate a
CVD investigation on all five alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see China CVD Initiation
24 See Volume I of the Petition at 14–15 and
Exhibit I–8.
25 See Volume I of the Petition at 9–10, 14–26 and
Exhibits I–2 and I–7 through I–10.
26 See China CVD 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).
E:\FR\FM\08FEN1.SGM
08FEN1
8592
Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
Checklist. The initiation checklist for
this investigation is available on
ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
jbell on DSKJLSW7X2PROD with NOTICES
Respondent Selection
The petitioner named 11 companies
in China as producers/exporters of R–
125.27 Commerce intends to follow its
standard practice in CVD investigations
and calculate company-specific subsidy
rates in this investigation. In the event
Commerce determines that the number
of companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on quantity and value (Q&V)
questionnaires issued to the potential
respondents. Commerce normally
selects mandatory respondents in CVD
investigations using U.S. Customs and
Border Protection (CBP) entry data for
U.S. imports under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) numbers listed
in the scope of the investigation.
However, for this investigation, the
HTSUS number under which the subject
merchandise would enter (i.e.,
2903.39.2035) is a basket category under
which non-subject merchandise may
enter. Therefore, we cannot rely on CBP
entry data in selecting respondents. We
intend instead to issue Q&V
questionnaires to each potential
respondent for which the petitioner has
provided a complete address.
Producers/exporters of R–125 from
China that do not receive Q&V
questionnaires by mail may still submit
a response to the Q&V questionnaire
and can obtain the Q&V questionnaire
from E&C’s website at https://
enforcement.trade.gov/questionnaires/
questionnaires-ad.html. 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 16, 2021. All Q&V
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. Commerce
intends to finalize its decisions
regarding respondent selection within
20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC 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 its
initiation, as required by section 702(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.28 A negative ITC
determination will result in the
investigation being terminated.29
Otherwise, this 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 30 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.31 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
28 See
30 See
27 See
Volume I of the Petition at Exhibit I–11.
VerDate Sep<11>2014
20:48 Feb 05, 2021
Jkt 253001
section 703(a)(1) of the Act.
29 Id.
31 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00015
Fmt 4703
Sfmt 4703
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
351.301.32 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, Commerce 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
Commerce’s regulations concerning the
extension of time limits prior to
submitting extension requests or factual
information in this investigation.33
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.34
Parties must use the certification
formats provided in 19 CFR
351.303(g).35 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
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
32 See
19 CFR 351.302.
19 CFR 351; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
34 See section 782(b) of the Act.
35 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
33 See
E:\FR\FM\08FEN1.SGM
08FEN1
Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
meet the requirements of document
submission procedures (e.g., the filing of
letters of appearance as discussed at 19
CFR 351.103(d)).36 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.37
This notice is issued and published
pursuant to sections 702 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 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
written description of the scope of the
investigation is dispositive.
jbell on DSKJLSW7X2PROD with NOTICES
[FR Doc. 2021–02530 Filed 2–5–21; 8:45 am]
BILLING CODE 3510–DS–P
36 See Antidumping and Countervailing Duty
Proceedings: Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January 22, 2008).
37 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
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions From the
People’s Republic of China: Notice of
Correction to Final Results of
Countervailing Duty Administrative
Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is issuing a correction to
the previously published Federal
Register notice of the final results of the
countervailing duty administrative
review on aluminum extrusions from
the People’s Republic of China (China)
covering the period January 1, 2018,
through December 31, 2018, which
inadvertently omitted certain
companies.
AGENCY:
Applicable February 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0698.
SUPPLEMENTARY INFORMATION:
242.15 percent, based on adverse facts
available, to these three companies,
which are included in the rates table
listed below.5
With this notice, we are hereby
correcting the Final Results by
providing the complete rates table for all
nine companies, which restates the
subsidy rates for six of the nine
companies and includes the additional
three companies that were inadvertently
omitted from the rates table in the Final
Results (i.e., Shenyang Yuanda, Summit,
and Wenzhou Yongtai).
Corrected Final Results of
Administrative Review
As stated in the Final Results, and in
accordance with 19 CFR 351.221(b)(5),
we determine the following final net
subsidy rates for the 2018
administrative review: 6
DATES:
Correction
On January 22, 2021, Commerce
published the Final Results in the
Federal Register.1 The Final Results
covered nine companies under
administrative review and intended to
convey the final subsidy rates assigned
to all nine companies in a rates table.2
However, Commerce inadvertently
omitted from the rates table three of the
nine companies to which it assigned
final subsidy rates.3 Those companies
are: Shanyang Yuanda Aluminum
Industry Engineering Co. Ltd. (Shenyang
Yuanda); Summit Heat Sinks Metal Co,
Ltd. (Summit); and Wenzhou Yongtai
Electric Co. Ltd. (Wenzhou Yongtai).4 In
the Final Results Commerce made no
changes to its preliminary results, and
thus continued to assign the rate of
Aluminum Extrusions from the People’s
Republic of China: Final Results of the
Countervailing Duty Administrative Review and
Rescission of Review, in Part, 2018, 86 FR 6630
(January 22, 2021) (Final Results).
2 Id., 86 FR at 6631.
3 Id; see also Aluminum Extrusions from the
People’s Republic of China: Final Results of the
Countervailing Duty Administrative Review,
Rescission of Review, in Part, and Intent to Rescind,
in Part; 2018, 85 FR 47349 (August 5, 2020)
(Preliminary Results).
4 See Preliminary Results, 85 FR at 47350.
8593
Company
Activa International Inc .............
Changzou Tenglong Auto Parts
Co. Ltd ..................................
CRRC Changzhou Auto Parts
Co. Ltd ..................................
Dongguan Aoda Aluminum Co.
Ltd .........................................
Guangdong Xingfa Aluminum
Co., Ltd .................................
Precision Metal Works Ltd .......
Shenyang Yuanda Aluminum
Industry Engineering Co.
Ltd 7 .......................................
Summit Heat Sinks Metal Co,
Ltd 8 .......................................
Wenzhou Yongtai Electric Co.
Ltd 9 .......................................
Final
ad valorem
rate
(percent)
242.15
16.08
242.15
16.08
242.15
242.15
242.15
242.15
242.15
This notice serves as a correction to
the Final Results and is published in
accordance with 751(a) and 777(i) of the
Tariff Act of 1930, as amended.
Dated: February 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–02528 Filed 2–5–21; 8:45 am]
BILLING CODE 3510–DS–P
1 See
PO 00000
Frm 00016
Fmt 4703
Sfmt 9990
5 See Final Results, 86 FR at 6630; see also
Preliminary Results, 85 FR at 47351.
6 See Preliminary Results; see also Memorandum,
‘‘Administrative Review of Countervailing Duty
Order on Aluminum Extrusions from the People’s
Republic of China: AFA Calculation Memorandum
for the Preliminary Results of Review; 2018,’’ dated
August 28, 2020.
7 This company was inadvertently omitted from
the rates table in the Final Results.
8 Id.
9 Id.
E:\FR\FM\08FEN1.SGM
08FEN1
]]>Agencies
[Federal Register Volume 86, Number 24 (Monday, February 8, 2021)]
[Notices]
[Pages 8589-8593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02530]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-138]
Pentafluoroethane (R-125) From the People's Republic of China:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 1, 2021.
FOR FURTHER INFORMATION CONTACT: Joshua Tucker or Peter Skarlatos, 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)
482-0324, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On January 12, 2021, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
pentafluoroethane (R-125) from the People's Republic of China (China)
filed in proper form on behalf of Honewell International, Inc. (the
petitioner).\1\ The Petition was accompanied by an antidumping duty
(AD) petition concerning imports of R-125 from China.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Between January 14 and 27, 2021, Commerce requested supplemental
information pertaining to certain aspects
[[Page 8590]]
of the Petition,\2\ to which the petitioner filed responses between
January 19 and 28, 2021.\3\
---------------------------------------------------------------------------
\2\ See Commerce's Letter, ``Petition for the Imposition of
Countervailing Duties on Imports of Pentafluoroethane (R-125) from
the People's Republic of China: Supplemental Questions,'' dated
January 14, 2021; see also Commerce's Letter, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Pentafluoroethane (R-125) from the People's Republic of China:
Supplemental Questions,'' dated January 14, 2021 (General Issues
Supplemental); Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated January 22, 2021 (Phone Call with Petitioner's
Counsel); and Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated January 27, 2021 (Second Phone Call with
Petitioner's Counsel).
\3\ See Petitioner's Letter, ``R-125 (Pentafluoroethane) from
the People's Republic of China: Honeywell International Inc.'s CVD
Supplemental Questionnaire Response,'' dated January 19, 2021; see
also Petitioner's Letter, ``R-125 (Pentafluoroethane) from the
People's Republic of China: Honeywell International Inc.'s
Supplemental Questionnaire Response,'' dated January 21, 2021
(Petitioner's First Supplemental Questionnaire Response);
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; 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).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of R-125 in China and
that such imports are materially injuring, or threatening material
injury to, the domestic industry producing R-125 in the United States.
Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are initiating a CVD investigation,
the Petition is supported by information reasonably available to the
petitioner.
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 with respect to the
initiation of the requested CVD investigation.\4\
---------------------------------------------------------------------------
\4\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on January 12, 2021, the period of
investigation is January 1, 2020, through December 31, 2020.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise 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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
determination. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope 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.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b). Commerce's practice dictates that
where a deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in this instance,
February 22, 2021). 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).
---------------------------------------------------------------------------
Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time 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 comments must also be
filed on the record of the concurrent AD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS), unless an
exception applies.\11\ An electronically filed document must be
received successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\11\ 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 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.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it the
opportunity for consultations with respect to the CVD Petition.\12\ The
GOC did not request consultations.
---------------------------------------------------------------------------
\12\ See Commerce's Letter, ``Pentafluoroethane (R-125) from the
People's Republic of China: Invitation for Consultation to Discuss
the Countervailing Duty Petition,'' dated January 14, 2021.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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
[[Page 8591]]
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,\13\ 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.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. 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.\15\ 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.\16\
---------------------------------------------------------------------------
\15\ See Volume I of the Petition at 11-14 and Exhibit I-3.
\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist:
Pentafluoroethane (R-125) from the People's Republic of China (China
CVD 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
702(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.\17\ 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.\18\ We relied on data provided by the petitioner for purposes
of measuring industry support.\19\
---------------------------------------------------------------------------
\17\ See Petitioner's First Supplemental Questionnaire Response
at 2-3 and Exhibit Supp-I-10b.
\18\ 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.
\19\ 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 China CVD 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).\20\ Second, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(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.\21\ Finally, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(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.\22\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\23\
---------------------------------------------------------------------------
\20\ See Attachment II of the China CVD Initiation Checklist;
see also section 702(c)(4)(D) of the Act.
\21\ See Attachment II of the China CVD Initiation Checklist.
\22\ Id.
\23\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------
\24\ 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; and adverse impact on capital expenditures and
capacity utilization.\25\ We assessed the allegations and supporting
evidence regarding material injury, threat of 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.\26\
---------------------------------------------------------------------------
\25\ See Volume I of the Petition at 9-10, 14-26 and Exhibits I-
2 and I-7 through I-10.
\26\ See China CVD 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).
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon our examination of the Petition and supplemental
responses, we find that the Petition meets the requirements of section
702 of the Act. Therefore, we are initiating a CVD investigation to
determine whether imports of R-125 from China benefit from
countervailable subsidies conferred by the GOC. Based on our review of
the Petition, we find that there is sufficient information to initiate
a CVD investigation on all five alleged programs. For a full discussion
of the basis for our decision to initiate on each program, see China
CVD Initiation
[[Page 8592]]
Checklist. The initiation checklist for this investigation is available
on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
The petitioner named 11 companies in China as producers/exporters
of R-125.\27\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in this
investigation. In the event Commerce determines that the number of
companies is large and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on quantity and value (Q&V)
questionnaires issued to the potential respondents. Commerce normally
selects mandatory respondents in CVD investigations using U.S. Customs
and Border Protection (CBP) entry data for U.S. imports under the
appropriate Harmonized Tariff Schedule of the United States (HTSUS)
numbers listed in the scope of the investigation. However, for this
investigation, the HTSUS number under which the subject merchandise
would enter (i.e., 2903.39.2035) is a basket category under which non-
subject merchandise may enter. Therefore, we cannot rely on CBP entry
data in selecting respondents. We intend instead to issue Q&V
questionnaires to each potential respondent for which the petitioner
has provided a complete address.
---------------------------------------------------------------------------
\27\ See Volume I of the Petition at Exhibit I-11.
---------------------------------------------------------------------------
Producers/exporters of R-125 from China that do not receive Q&V
questionnaires by mail may still submit a response to the Q&V
questionnaire and can obtain the Q&V questionnaire from E&C's website
at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html.
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 16,
2021. All Q&V 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. Commerce intends to finalize its decisions regarding respondent
selection within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC 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 its initiation, as required by
section 702(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.\28\ A negative ITC
determination will result in the investigation being terminated.\29\
Otherwise, this investigation will proceed according to statutory and
regulatory time limits.
---------------------------------------------------------------------------
\28\ See section 703(a)(1) of the Act.
\29\ Id.
---------------------------------------------------------------------------
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 \30\ 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.\31\ 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.
---------------------------------------------------------------------------
\30\ See 19 CFR 351.301(b).
\31\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
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.\32\ 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, Commerce 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 Commerce's regulations concerning the extension of time
limits prior to submitting extension requests or factual information in
this investigation.\33\
---------------------------------------------------------------------------
\32\ See 19 CFR 351.302.
\33\ See 19 CFR 351; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\34\
Parties must use the certification formats provided in 19 CFR
351.303(g).\35\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\34\ See section 782(b) of the Act.
\35\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they
[[Page 8593]]
meet the requirements of document submission procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).\36\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\37\
---------------------------------------------------------------------------
\36\ See Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008).
\37\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 702 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. 2021-02530 Filed 2-5-21; 8:45 am]
BILLING CODE 3510-DS-P
