Pentafluoroethane (R-125) From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 29752 [2021-11672]

Download as PDF 29752 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. International Trade Commission Notification [FR Doc. 2021–11635 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, then the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c) and 19 CFR 351.210(g). Dated: May 26, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. khammond on DSKJM1Z7X2PROD with NOTICES VII. Affiliation and Collapsing VIII. Discussion of the Methodology IX. Currency Conversion X. Recommendation [A–570–137] Pentafluoroethane (R–125) From the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable June 3, 2021. FOR FURTHER INFORMATION CONTACT: Alex Wood or Benjamin A. Luberda, 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) 482–1959 and (202) 482–2185, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Appendix I—Scope of the Investigation Background The merchandise covered by this investigation, polyester textured yarn, is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate). Polyester textured yarn is produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber. This scope includes all forms of polyester textured yarn, regardless of surface texture or appearance, yarn density and thickness (as measured in denier), number of filaments, number of plies, finish (luster), cross section, color, dye method, texturing method, or packaging method (such as spindles, tubes, or beams). The merchandise subject to this investigation is properly classified under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. On February 1, 2021, the Department of Commerce (Commerce) initiated a less-than-fair-value (LTFV) investigation of imports of pentafluoroethane (R–125) from the People’s Republic of China (China).1 Currently, the preliminary determination is due no later than June 21, 2021. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Selection of Respondents VerDate Sep<11>2014 17:23 Jun 02, 2021 Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner 2 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is 1 See Pentafluoroethane (R–125) from the People’s Republic of China: Initiation of Less-Than-FairValue Investigation, 86 FR 8583 (February 8, 2021). 2 The petitioner is Honeywell International Inc. Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On May 21, 2021, the petitioner submitted a timely request that Commerce postpone the preliminary determination in the LTFV investigation.3 The petitioner stated that it requests postponement ‘‘to permit Commerce to fully develop the record in this investigation.’’ 4 The petitioner believes additional time is necessary to ensure that Commerce is able ‘‘to sufficiently review all questionnaire responses and new factual information, including that with respect to surrogate country and data to value factors of production.’’ 5 The petitioner also correctly notes that Commerce has not yet received respondent’s supplemental questionnaire responses which are necessary for a complete accounting of production and sales data.6 For the reasons stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than August 10, 2021. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: May 27, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–11672 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P 3 See Petitioner’s Letter, ‘‘Petitioner’s Request to Postpone the Preliminary Determination,’’ dated May 21, 2021. 4 Id. 5 Id. 6 Id. E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Page 29752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11672]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-137]


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

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

DATES: Applicable June 3, 2021.

FOR FURTHER INFORMATION CONTACT: Alex Wood or Benjamin A. Luberda, 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) 482-1959 and (202) 
482-2185, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2021, the Department of Commerce (Commerce) 
initiated a less-than-fair-value (LTFV) investigation of imports of 
pentafluoroethane (R-125) from the People's Republic of China 
(China).\1\ Currently, the preliminary determination is due no later 
than June 21, 2021.
---------------------------------------------------------------------------

    \1\ See Pentafluoroethane (R-125) from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 86 FR 8583 
(February 8, 2021).
---------------------------------------------------------------------------

Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner \2\ makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
---------------------------------------------------------------------------

    \2\ The petitioner is Honeywell International Inc.
---------------------------------------------------------------------------

    On May 21, 2021, the petitioner submitted a timely request that 
Commerce postpone the preliminary determination in the LTFV 
investigation.\3\ The petitioner stated that it requests postponement 
``to permit Commerce to fully develop the record in this 
investigation.'' \4\ The petitioner believes additional time is 
necessary to ensure that Commerce is able ``to sufficiently review all 
questionnaire responses and new factual information, including that 
with respect to surrogate country and data to value factors of 
production.'' \5\ The petitioner also correctly notes that Commerce has 
not yet received respondent's supplemental questionnaire responses 
which are necessary for a complete accounting of production and sales 
data.\6\
---------------------------------------------------------------------------

    \3\ See Petitioner's Letter, ``Petitioner's Request to Postpone 
the Preliminary Determination,'' dated May 21, 2021.
    \4\ Id.
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

    For the reasons stated above and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determination by 50 days (i.e., 190 days after the date on which this 
investigation was initiated). As a result, Commerce will issue its 
preliminary determination no later than August 10, 2021. In accordance 
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the 
deadline for the final determination of this investigation will 
continue to be 75 days after the date of the preliminary determination, 
unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: May 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-11672 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.