Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Rescission of Antidumping Duty Administrative Review, in Part; 2019-2020, 24587-24590 [2021-09717]
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Application of Facts Available and Use of
Adverse Inferences
VI. Recommendation
[FR Doc. 2021–09716 Filed 5–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(REEEAC or the Committee) will hold a
virtual meeting via WebEx on
Wednesday May 26, 2021, hosted by the
U.S. Department of Commerce. The
meeting is open to the public with
registration instructions provided
below.
SUMMARY:
May 26, 2021, from
approximately 10:00 a.m. to 3:30 p.m.
Eastern Daylight Time EDT. Members of
the public wishing to participate must
register in advance with Cora Dickson at
the contact information below by 5:00
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including any requests to make
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ADDRESSES: To register, please contact
Cora Dickson, Designated Federal
DATES:
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Officer, Office of Energy and
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Trade Administration, U.S. Department
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FOR FURTHER INFORMATION CONTACT: Cora
Dickson, Designated Federal Officer,
Office of Energy and Environmental
Industries (OEEI), Industry and
Analysis, International Trade
Administration, U.S. Department of
Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the REEEAC
pursuant to discretionary authority and
in accordance with the Federal
Advisory Committee Act, as amended (5
U.S.C. App.), on July 14, 2010. The
REEEAC was re-chartered most recently
on June 5, 2020. The REEEAC provides
the Secretary of Commerce with advice
from the private sector on the
development and administration of
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renewable energy and energy efficiency
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reeeac.
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wishing to reserve speaking time during
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Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2021–09734 Filed 5–6–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Hydrofluorocarbon Blends From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review and Rescission of
Antidumping Duty Administrative
Review, in Part; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on
AGENCY:
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
hydrofluorocarbon (HFC) blends from
the People’s Republic of China (China).
The period of review is August 1, 2019,
through July 31, 2020. We are
rescinding the review with respect to all
companies for which we received a
request for administrative review,
except for PureMann, Inc (PureMann).
Commerce preliminarily finds that the
sole remaining company subject to this
administrative review, PureMann, is
part of the China-wide entity because it
did not file a separate rate application
(SRA). We invite interested parties to
comment on these preliminary results.
DATES: Applicable May 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Luberda, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC, 20230; telephone:
(202) 482–2185.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, Commerce
published in the Federal Register an
antidumping duty order on HFC Blends
from China.1 On August 4, 2020,
Commerce published a notice of
opportunity to request an administrative
review of the antidumping duty order
on HFC blends from China.2 In
response, the American HFC coalition
and its individual members (the
petitioners) 3 requested a review of 15
companies.4 In addition, SRF Limited
(SRF), an Indian producer/exporter of
subject merchandise, requested an
administrative review of itself.5
Commerce initiated a review of 15
companies on October 6, 2020.6 On
1 See Hydrofluorocarbon Blends from the People’s
Republic of China: Antidumping Duty Order, 81 FR
55436 (August 19, 2016) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 47167
(August 4, 2020).
3 The American HFC Coalition is the following
companies: Arkema, Inc.; the Chemours Company
FC LLC; Honeywell International Inc.; and
Mexichem Fluor Inc.
4 See Petitioners’ Letter, ‘‘Hydrofluorocarbon
Blends from the People’s Republic of China:
Request for Administrative Review of Antidumping
Order,’’ dated August 31, 2020.
5 See SRF’s Letter, ‘‘Request for Administrative
Review: Hydrofluorocarbon Blends from the
People’s Republic of China A–570–028,’’ dated
August 31, 2020.
6 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081 (October 6, 2020) (Initiation Notice). We note
that Commerce did not initiate an administrative
review for one company for which the petitioners
requested a review, BMP USA, Inc., because it is a
known U.S. importer/blender. See, e.g.,
Hydrofluorocarbon Blends from the People’s
Republic of China: Scope Ruling on Unpatented R–
421A; Affirmative Preliminary Determination of
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October 22, 2020, Commerce placed
U.S. Customs and Border Protection
(CBP) data on the record of this review.7
We received comments on the CBP data
from the petitioners and Daikin
America, Inc. (Daikin America).8 The
deadline for companies to submit an
SRA or separate rate certification (SRC)
was November 5, 2020.9 No party to this
proceeding submitted an SRA or an
SRC. The deadline for the preliminary
results of this review is May 3, 2021.
Scope of the Order
The products subject to the Order are
HFC blends. HFC blends covered by the
scope are R–404A, a zeotropic mixture
consisting of 52 percent 1,1,1Trifluoroethane, 44 percent
Pentafluoroethane, and 4 percent
1,1,1,2-Tetrafluoroethane; R–407A, a
zeotropic mixture of 20 percent
Difluoromethane, 40 percent
Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R–407C, a
zeotropic mixture of 23 percent
Difluoromethane, 25 percent
Pentafluoroethane, and 52 percent
1,1,1,2-Tetrafluoroethane; R–410A, a
zeotropic mixture of 50 percent
Difluoromethane and 50 percent
Pentafluoroethane; and R–507A, an
azeotropic mixture of 50 percent
Pentafluoroethane and 50 percent 1,1,1Trifluoroethane also known as R–507.
The foregoing percentages are nominal
percentages by weight. Actual
percentages of single component
refrigerants by weight may vary by plus
or minus two percent points from the
nominal percentage identified above.10
Circumvention of the Antidumping Duty Order for
Unpatented R–421A; and Extension of Time Limit
for Final Determination, 85 FR 12511 (March 3,
2020). Commerce’s practice is to only conduct
administrative reviews of producers/exporters of
subject merchandise, not U.S. importers.
7 See Memorandum, ‘‘Release of Customs Entry
Data from U.S. Customs and Border Protection,’’
dated October 22, 2020.
8 See Petitioners’ Letter, ‘‘Hydrofluorocarbon
Blends from the People’s Republic of China:
Comments on CBP Entry Data Release,’’ dated
November 5, 2020; and Daikin America’s Letter,
‘‘Hydrofluorocarbon Blends from the People’s
Republic of China: Comments on CBP Data,’’ dated
November 5, 2020.
9 SRAs and SRCs were due thirty days from the
publication date of the Initiation Notice. In this
administrative review the deadline was November
5, 2020. See Initiation Notice, 85 FR at 63082–83.
10 R–404A is sold under various trade names,
including Forane® 404A, Genetron® 404A,
Solkane® 404A, Klea® 404A, and Suva®404A. R–
407A is sold under various trade names, including
Forane® 407A, Solkane® 407A, Klea®407A, and
Suva®407A. R–407C is sold under various trade
names, including Forane® 407C, Genetron® 407C,
Solkane® 407C, Klea® 407C and Suva® 407C. R–
410A is sold under various trade names, including
EcoFluor R410, Forane® 410A, Genetron® R410A
and AZ–20, Solkane® 410A, Klea® 410A, Suva®
410A, and Puron®. R–507A is sold under various
trade names, including Forane® 507, Solkane® 507,
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Any blend that includes an HFC
component other than R–32, R–125, R–
143a, or R–134a is excluded from the
scope of the Order.
Excluded from the Order are blends of
refrigerant chemicals that include
products other than HFCs, such as
blends including chlorofluorocarbons
(CFCs), hydrochlorofluorocarbons
(HCFCs), hydrocarbons (HCs), or
hydrofluoroolefins (HFOs).
Also excluded from the Order are
patented HFC blends, including, but not
limited to, ISCEON® blends, including
MO99TM (R–438A), MO79 (R–422A),
MO59 (R–417A), MO49PlusTM (R–
437A) and MO29TM (R–4 22D),
Genetron® PerformaxTM LT (R–407F),
Choice® R–421A, and Choice® R–421B.
HFC blends covered by the scope of
the Order are currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings
3824.78.0020 and 3824.78.0050.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.11
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, ‘‘in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the publication of the notice of
initiation of the requested review.’’ On
November 5, 2020, SRF timely
withdrew its request for review of
itself.12 On January 4, 2021, the
Klea®507, Genetron®AZ–50, and Suva®507. R–32 is
sold under various trade names, including
Solkane®32, Forane®32, and Klea®32. R–125 is sold
under various trade names, including Solkane®125,
Klea®125, Genetron®125, and Forane®125. R–143a
is sold under various trade names, including
Solkane®143a, Genetron®143a, and Forane®125.
11 See the Order. Certain merchandise has been
the subject of affirmative anti-circumvention
determinations by Commerce, pursuant to section
781 of the Tariff Act of 1930, as amended (the Act).
As a result, the circumventing merchandise is
included in the scope of the Order. See
Hydrofluorocarbon Blends from the People’s
Republic of China: Final Negative Scope Ruling on
Gujarat Fluorochemicals Ltd.’s R–410A Blend;
Affirmative Final Determination of Circumvention
of the Antidumping Duty Order by Indian Blends
Containing Chinese Components, 85 FR 61930
(October 1, 2020); Hydrofluorocarbon Blends from
the People’s Republic of China: Final Scope Ruling
on Unpatented R–421A; Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order for Unpatented R–421A,
85 FR 34416 (June 4, 2020); and Hydrofluorocarbon
Blends from the People’s Republic of China:
Affirmative Final Determination of Circumvention
of the Antidumping Duty Order; Unfinished R–32/
R–125 Blends, 85 FR 15428 (March 18, 2020).
12 See SRF’s Letter, ‘‘Withdrawal of Request for
the Administrative Review of the Antidumping
Duty Order on Hydrofluorocarbon Blends from the
People’s Republic of China (A–570–028) (POR: 8/
1/19–7/31/20),’’ dated November 5, 2020.
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petitioners withdrew their request for
administrative review for the following
companies: Arkema Daikin Advanced
Fluorochemicals (Changsu) Co., Ltd.;
Daikin Fluorochemicals (China) Co.,
Ltd.; Dongyang Weihua Refrigerants Co.,
Ltd.; Jinhua Yonghe Fluorochemical
Co., Ltd.; Sinochem Environmental
Protection Chemicals (Taicang) Co.,
Ltd.; Shandong Huaan New Material
Co., Ltd.; T.T. International Co., Ltd.;
Weitron International Refrigeration
Equipment (Kunshan) Co., Ltd.;
Zhejiang Lantian Environmental
Protection Fluoro Material Co. Ltd.;
Zhejiang Quzhou Lianzhou Refrigerants
Co., Ltd.; Zhejiang Sanmei Chemical
Industry Co., Ltd.; Zhejiang Yonghe
Refrigerant Co., Ltd.; and Zhejiang
Zhonglan Refrigeration Technology Co.,
Ltd.13 Because all requests for reviews
of these companies were timely
withdrawn, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order on HFC blends
from China with respect to these
companies. The review will continue for
the only remaining company for which
an administrative review was requested
and not withdrawn, PureMann.
Preliminary Results of Review
Commerce considers China to be a
non-market economy (NME) country.14
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 the
purposes of these preliminary results.
PureMann, the sole company subject
to this review, did not file an SRA.
Thus, Commerce preliminary
determines that this company has not
demonstrated its eligibility for separate
rate status. As such, Commerce
preliminarily determines that the
company subject to this review is part
of the China-wide entity. In addition,
Commerce no longer considers the NME
entity as an exporter conditionally
subject to an antidumping duty
administrative review.15 Accordingly,
13 See Petitioners’ Letter, ‘‘Hydrofluorocarbon
Blends from the People’s Republic of China:
Withdrawal of Review Request,’’ dated January 4,
2021.
14 See 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 8, 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).
15 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
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the NME entity will not be under review
unless Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity. In this administrative
review, no party requested a review of
the China-wide entity. Moreover, we
have not self-initiated a review of the
China-wide entity. Because no review of
the China-wide entity is being
conducted, the China-wide entity’s
entries are not subject to the review, and
the rate applicable to the China-wide
entity is not subject to change as a result
of this review. The China-wide entity
rate is 216.37 percent.16
Disclosure and Public Comment
Normally, Commerce discloses the
calculations used in its analysis to
parties in a review within five days of
the date of publication of the notice of
preliminary results, in accordance with
19 CFR 351.224(b). However, in this
case, there are no calculations on the
record to disclose.
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.17
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.18 Parties who submit
case or rebuttal briefs in this proceeding
are encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.19 Case and
rebuttal briefs should be filed using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).20 ACCESS is available to
registered users at https://
access.trade.gov.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.21 Hearing
requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
issues raised in the briefs. If a request
for a hearing is made, Commerce
intends to hold the hearing at a date and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013).
16 See Order, 81 FR at 55438.
17 See 19 CFR 351.309(c).
18 See 19 CFR 351.309(d).
19 See 19 CFR 351.309(c)(2)
20 See 19 CFR 351.303.
21 See 19 CFR 351.310(c)
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24589
time to be determined.22 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the schedules date.
An electronically-filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.23
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of all issues raised in the case
briefs, within 120 days of publication of
these preliminary results, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
the administrative review, Commerce
will determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.24 If
Commerce continues to find in the final
results that PureMann is part of the
China-wide entity, we intend to instruct
CBP to liquidate entries containing
subject merchandise exported by
PureMann at the China-wide entity rate
of 216.37 percent. Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For the companies for which we have
rescinded this administrative review,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.202(c)(1)(i). Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of this notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For
22 See
19 CFR 351.310(d).
19 CFR 351.303(b)(1).
24 See 19 CFR 351.212(b)(1).
23 See
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
companies that have a separate rate, the
cash deposit rate will be that established
in the final results of this review
(except, if the rate is zero or de minimis,
then zero cash deposit will be required);
(2) for previously investigated or
reviewed Chinese or non-Chinese
exporters not listed above that received
a separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that for the China-wide entity (i.e.,
216.37 percent); and (4) for all nonChinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 3, 2021.
Christian Marsh,
Acting Assistant Secretary, Enforcement and
Compliance.
[FR Doc. 2021–09717 Filed 5–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States Investment Advisory
Council
SelectUSA, International Trade
Administration, Department of
Commerce.
ACTION: Notice of an open meeting
AGENCY:
In accordance with the
Federal Advisory Committee Act
SUMMARY:
VerDate Sep<11>2014
19:55 May 06, 2021
Jkt 253001
(FACA), this notice announces, the
United States Investment Advisory
Council (Council) will hold a virtual
meeting on Wednesday, June 9, 2021.
DATES: Wednesday, June 9, 2021, 12:30–
02:00 p.m. EDT. The deadline for
members of the public to register,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting is
5:00 p.m. EDT on June 2, 2021.
Registration, comments, and any
requests should be submitted via email
to IAC@trade.gov.
ADDRESSES: The meeting will be held
virtually due to the current COVID–19
pandemic. Requests to register
(including to speak) and any written
comments should be submitted to:
United States Investment Advisory
Council, U.S. Department of Commerce,
1401 Constitution Avenue NW, Room
30011, Washington, DC 20230, or
emailed to:IAC@trade.gov.Members of
the public are encouraged to submit
registration requests and written
comments via email to ensure timely
receipt.
FOR FURTHER INFORMATION CONTACT:
Rachel David, United States Investment
Advisory Council, Room 30011, 1401
Constitution Avenue NW, Washington,
DC 20230, phone: (202) 302–6858,
email: IAC@trade.gov.
SUPPLEMENTARY INFORMATION: The
United States Investment Advisory
Council (Council) was established by
the Secretary of Commerce (Secretary)
pursuant to duties imposed by 15 U.S.C.
1512 upon the Department and in
compliance with the Federal Advisory
Start Printed Page 51682Committee Act,
as amended, 5 U.S.C. App.
The Council advises the Secretary on
matters relating to the promotion and
retention of foreign direct investment in
the United States. At the meeting,
members will provide updates on the
work they have done to present in
identifying and deliberating on policy
priorities regarding the facilitation of
foreign direct investment into the
United States. These policy priorities
include deregulation and the
streamlining of processes that affect
business investment opportunities
across U.S. regions, the facilitation of
infrastructure investment, workforce
development, and mechanisms to
increase investment competitiveness for
domestic manufacturing companies, in
addition to other topics. The agenda
may change to accommodate Council
business. The final agenda will be
posted on the Department of Commerce
website for the Council at:https://
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
trade.gov/IAC,at least one week in
advance of the meeting.
Public Participation: The meeting will
be open to the public and will be
accessible to people with disabilities.
All guests are required to register in
advance by the deadline identified
under the DATES caption. Requests for
auxiliary aids must be submitted by the
registration deadline. Last minute
requests will be accepted but may be
impossible to fill. There will be fifteen
(15) minutes allotted for oral comments
from members of the public joining the
meeting. To accommodate as many
speakers as possible, the time for public
comments may be limited to three (3)
minutes per person. Individuals wishing
to reserve speaking time during the
meeting must submit a request at the
time of registration, as well as the name
and address of the proposed speaker. If
the number of registrants requesting to
make statements is greater than can be
reasonably accommodated during the
meeting, the International Trade
Administration may conduct a lottery to
determine the speakers.
Speakers are requested to submit a
written copy of their prepared remarks
by 5:00 p.m. EDT on June 2, 2021, for
inclusion in the meeting records and for
circulation to the Members of the
Council.
In addition, any member of the public
may submit pertinent written comments
concerning the Council’s affairs at any
time before or after the meeting.
Comments may be submitted to Rachel
David at the contact information
indicated above. To be considered
during the meeting, comments must be
received no later than 5:00 p.m. EDT on
June 2, 2021, to ensure transmission to
the Council members prior to the
meeting. Comments received after that
date and time will be distributed to the
members but may not be considered
during the meeting. Comments and
statements will be posted on the United
States Investment Advisory Council
website (https://trade.gov/IAC) without
change, including any business or
personal information provided such as
it includes names, addresses, email
addresses, or telephone numbers. All
comments and statements received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure. You should submit only
information that you wish to make
publicly available.
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24587-24590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09717]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review and
Rescission of Antidumping Duty Administrative Review, in Part; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on
[[Page 24588]]
hydrofluorocarbon (HFC) blends from the People's Republic of China
(China). The period of review is August 1, 2019, through July 31, 2020.
We are rescinding the review with respect to all companies for which we
received a request for administrative review, except for PureMann, Inc
(PureMann). Commerce preliminarily finds that the sole remaining
company subject to this administrative review, PureMann, is part of the
China-wide entity because it did not file a separate rate application
(SRA). We invite interested parties to comment on these preliminary
results.
DATES: Applicable May 7, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC, 20230;
telephone: (202) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, Commerce published in the Federal Register an
antidumping duty order on HFC Blends from China.\1\ On August 4, 2020,
Commerce published a notice of opportunity to request an administrative
review of the antidumping duty order on HFC blends from China.\2\ In
response, the American HFC coalition and its individual members (the
petitioners) \3\ requested a review of 15 companies.\4\ In addition,
SRF Limited (SRF), an Indian producer/exporter of subject merchandise,
requested an administrative review of itself.\5\ Commerce initiated a
review of 15 companies on October 6, 2020.\6\ On October 22, 2020,
Commerce placed U.S. Customs and Border Protection (CBP) data on the
record of this review.\7\ We received comments on the CBP data from the
petitioners and Daikin America, Inc. (Daikin America).\8\ The deadline
for companies to submit an SRA or separate rate certification (SRC) was
November 5, 2020.\9\ No party to this proceeding submitted an SRA or an
SRC. The deadline for the preliminary results of this review is May 3,
2021.
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\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 47167 (August 4, 2020).
\3\ The American HFC Coalition is the following companies:
Arkema, Inc.; the Chemours Company FC LLC; Honeywell International
Inc.; and Mexichem Fluor Inc.
\4\ See Petitioners' Letter, ``Hydrofluorocarbon Blends from the
People's Republic of China: Request for Administrative Review of
Antidumping Order,'' dated August 31, 2020.
\5\ See SRF's Letter, ``Request for Administrative Review:
Hydrofluorocarbon Blends from the People's Republic of China A-570-
028,'' dated August 31, 2020.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020) (Initiation
Notice). We note that Commerce did not initiate an administrative
review for one company for which the petitioners requested a review,
BMP USA, Inc., because it is a known U.S. importer/blender. See,
e.g., Hydrofluorocarbon Blends from the People's Republic of China:
Scope Ruling on Unpatented R-421A; Affirmative Preliminary
Determination of Circumvention of the Antidumping Duty Order for
Unpatented R-421A; and Extension of Time Limit for Final
Determination, 85 FR 12511 (March 3, 2020). Commerce's practice is
to only conduct administrative reviews of producers/exporters of
subject merchandise, not U.S. importers.
\7\ See Memorandum, ``Release of Customs Entry Data from U.S.
Customs and Border Protection,'' dated October 22, 2020.
\8\ See Petitioners' Letter, ``Hydrofluorocarbon Blends from the
People's Republic of China: Comments on CBP Entry Data Release,''
dated November 5, 2020; and Daikin America's Letter,
``Hydrofluorocarbon Blends from the People's Republic of China:
Comments on CBP Data,'' dated November 5, 2020.
\9\ SRAs and SRCs were due thirty days from the publication date
of the Initiation Notice. In this administrative review the deadline
was November 5, 2020. See Initiation Notice, 85 FR at 63082-83.
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Scope of the Order
The products subject to the Order are HFC blends. HFC blends
covered by the scope are R-404A, a zeotropic mixture consisting of 52
percent 1,1,1-Trifluoroethane, 44 percent Pentafluoroethane, and 4
percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20
percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent
Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-
Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent
Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an
azeotropic mixture of 50 percent Pentafluoroethane and 50 percent
1,1,1-Trifluoroethane also known as R-507. The foregoing percentages
are nominal percentages by weight. Actual percentages of single
component refrigerants by weight may vary by plus or minus two percent
points from the nominal percentage identified above.\10\
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\10\ R-404A is sold under various trade names, including
Forane[supreg] 404A, Genetron[supreg] 404A, Solkane[supreg] 404A,
Klea[supreg] 404A, and Suva[supreg]404A. R-407A is sold under
various trade names, including Forane[supreg] 407A, Solkane[supreg]
407A, Klea[supreg]407A, and Suva[supreg]407A. R-407C is sold under
various trade names, including Forane[supreg] 407C, Genetron[supreg]
407C, Solkane[supreg] 407C, Klea[supreg] 407C and Suva[supreg] 407C.
R-410A is sold under various trade names, including EcoFluor R410,
Forane[supreg] 410A, Genetron[supreg] R410A and AZ-20,
Solkane[supreg] 410A, Klea[supreg] 410A, Suva[supreg] 410A, and
Puron[supreg]. R-507A is sold under various trade names, including
Forane[supreg] 507, Solkane[supreg] 507, Klea[supreg]507,
Genetron[supreg]AZ-50, and Suva[supreg]507. R-32 is sold under
various trade names, including Solkane[supreg]32, Forane[supreg]32,
and Klea[supreg]32. R-125 is sold under various trade names,
including Solkane[supreg]125, Klea[supreg]125, Genetron[supreg]125,
and Forane[supreg]125. R-143a is sold under various trade names,
including Solkane[supreg]143a, Genetron[supreg]143a, and
Forane[supreg]125.
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Any blend that includes an HFC component other than R-32, R-125, R-
143a, or R-134a is excluded from the scope of the Order.
Excluded from the Order are blends of refrigerant chemicals that
include products other than HFCs, such as blends including
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs),
hydrocarbons (HCs), or hydrofluoroolefins (HFOs).
Also excluded from the Order are patented HFC blends, including,
but not limited to, ISCEON[supreg] blends, including MO99TM (R-438A),
MO79 (R-422A), MO59 (R-417A), MO49PlusTM (R-437A) and MO29TM (R-4 22D),
Genetron[supreg] PerformaxTM LT (R-407F), Choice[supreg] R-421A, and
Choice[supreg] R-421B.
HFC blends covered by the scope of the Order are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope is dispositive.\11\
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\11\ See the Order. Certain merchandise has been the subject of
affirmative anti-circumvention determinations by Commerce, pursuant
to section 781 of the Tariff Act of 1930, as amended (the Act). As a
result, the circumventing merchandise is included in the scope of
the Order. See Hydrofluorocarbon Blends from the People's Republic
of China: Final Negative Scope Ruling on Gujarat Fluorochemicals
Ltd.'s R-410A Blend; Affirmative Final Determination of
Circumvention of the Antidumping Duty Order by Indian Blends
Containing Chinese Components, 85 FR 61930 (October 1, 2020);
Hydrofluorocarbon Blends from the People's Republic of China: Final
Scope Ruling on Unpatented R-421A; Affirmative Final Determination
of Circumvention of the Antidumping Duty Order for Unpatented R-
421A, 85 FR 34416 (June 4, 2020); and Hydrofluorocarbon Blends from
the People's Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order; Unfinished R-32/R-125
Blends, 85 FR 15428 (March 18, 2020).
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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, ``in whole or in part, if a party that requested
a review withdraws the request within 90 days of the publication of the
notice of initiation of the requested review.'' On November 5, 2020,
SRF timely withdrew its request for review of itself.\12\ On January 4,
2021, the
[[Page 24589]]
petitioners withdrew their request for administrative review for the
following companies: Arkema Daikin Advanced Fluorochemicals (Changsu)
Co., Ltd.; Daikin Fluorochemicals (China) Co., Ltd.; Dongyang Weihua
Refrigerants Co., Ltd.; Jinhua Yonghe Fluorochemical Co., Ltd.;
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.;
Shandong Huaan New Material Co., Ltd.; T.T. International Co., Ltd.;
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd.;
Zhejiang Lantian Environmental Protection Fluoro Material Co. Ltd.;
Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.; Zhejiang Sanmei
Chemical Industry Co., Ltd.; Zhejiang Yonghe Refrigerant Co., Ltd.; and
Zhejiang Zhonglan Refrigeration Technology Co., Ltd.\13\ Because all
requests for reviews of these companies were timely withdrawn, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order on HFC blends from China with respect to these
companies. The review will continue for the only remaining company for
which an administrative review was requested and not withdrawn,
PureMann.
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\12\ See SRF's Letter, ``Withdrawal of Request for the
Administrative Review of the Antidumping Duty Order on
Hydrofluorocarbon Blends from the People's Republic of China (A-570-
028) (POR: 8/1/19-7/31/20),'' dated November 5, 2020.
\13\ See Petitioners' Letter, ``Hydrofluorocarbon Blends from
the People's Republic of China: Withdrawal of Review Request,''
dated January 4, 2021.
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Preliminary Results of Review
Commerce considers China to be a non-market economy (NME)
country.\14\ 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 the purposes of these preliminary results.
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\14\ See 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 8, 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).
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PureMann, the sole company subject to this review, did not file an
SRA. Thus, Commerce preliminary determines that this company has not
demonstrated its eligibility for separate rate status. As such,
Commerce preliminarily determines that the company subject to this
review is part of the China-wide entity. In addition, Commerce no
longer considers the NME entity as an exporter conditionally subject to
an antidumping duty administrative review.\15\ Accordingly, the NME
entity will not be under review unless Commerce specifically receives a
request for, or self-initiates, a review of the NME entity. In this
administrative review, no party requested a review of the China-wide
entity. Moreover, we have not self-initiated a review of the China-wide
entity. Because no review of the China-wide entity is being conducted,
the China-wide entity's entries are not subject to the review, and the
rate applicable to the China-wide entity is not subject to change as a
result of this review. The China-wide entity rate is 216.37
percent.\16\
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\15\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\16\ See Order, 81 FR at 55438.
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Disclosure and Public Comment
Normally, Commerce discloses the calculations used in its analysis
to parties in a review within five days of the date of publication of
the notice of preliminary results, in accordance with 19 CFR
351.224(b). However, in this case, there are no calculations on the
record to disclose.
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\17\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the time limit for filing case briefs.\18\ Parties who
submit case or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\19\ Case and
rebuttal briefs should be filed using Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS).\20\ ACCESS is available to registered users at https://access.trade.gov.
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\17\ See 19 CFR 351.309(c).
\18\ See 19 CFR 351.309(d).
\19\ See 19 CFR 351.309(c)(2)
\20\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\21\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\22\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the schedules date.
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\21\ See 19 CFR 351.310(c)
\22\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.\23\
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\23\ See 19 CFR 351.303(b)(1).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of all issues raised in the case briefs, within 120
days of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of the administrative review,
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review.\24\ If Commerce
continues to find in the final results that PureMann is part of the
China-wide entity, we intend to instruct CBP to liquidate entries
containing subject merchandise exported by PureMann at the China-wide
entity rate of 216.37 percent. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
---------------------------------------------------------------------------
\24\ See 19 CFR 351.212(b)(1).
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For the companies for which we have rescinded this administrative
review, antidumping duties shall be assessed at rates equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.202(c)(1)(i). Commerce intends to issue assessment instructions
to CBP no earlier than 35 days after the date of publication of this
notice.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
[[Page 24590]]
companies that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed Chinese or non-Chinese exporters
not listed above that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the China-wide entity (i.e.,
216.37 percent); and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(4).
Dated: May 3, 2021.
Christian Marsh,
Acting Assistant Secretary, Enforcement and Compliance.
[FR Doc. 2021-09717 Filed 5-6-21; 8:45 am]
BILLING CODE 3510-DS-P
