Pentafluoroethane (R-125) From the People's Republic of China: Amended Preliminary Countervailing Duty Determination, 48398-48399 [2021-18597]
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48398
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
Subsidy rate
(percent
ad valorem)
Producer/exporter
Produits Matra Inc. and Sechoirs de Beauce Inc. and its cross-owned affiliate 25 ............................................................................
Cash Deposit Requirements
Commerce will issue revised cash
deposit instructions to U.S. Customs
and Border Protection (CBP).
khammond on DSKJM1Z7X2PROD with NOTICES
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries of subject merchandise subject to
the Final Results of Expedited Review
that were produced and/or exported by
Fontaine and that were entered into the
United States, or withdrawn from
warehouse, for consumption during the
period April 28, 2017, through
December 31, 2018. These entries will
remain enjoined pursuant to the terms
18 Commerce finds the following companies to be
cross-owned with Les Produits Forestiers D&G Lte´e:
Le Groupe Gesco-Star Ltee, Les Produits Forestiers
Portbec Ltee, and Les Produits Forestiers Startrees
Ltee. The subsidy rate assigned to these companies
is the all-others rate from the investigation. See
CVD Order.
19 Commerce finds the following companies to be
cross-owned with Marcel Lauzon Inc.: Placements
Marcel Lauzon Ltee and Investissements LRC Inc.
The subsidy rate assigned to these companies is the
all-others rate from the investigation. See CVD
Order.
20 Commerce finds the following companies to be
cross-owned with North American Forest Products
Ltd.: Parent-Violette Gestion Ltee and Le Groupe
Parent Ltee. The subsidy rate assigned to these
companies is the all-others rate from the
investigation. See CVD Order.
21 Commerce finds the following companies to be
cross-owned with Roland Boulanger & Cie Ltee:
Industries Daveluyville Inc. and Les Manufacturiers
Warwick Ltee. The subsidy rate assigned to these
companies is the all-others rate from the
investigation. See CVD Order.
22 Commerce finds the following companies to be
cross-owned with Scierie Alexandre Lemay & Fils
Inc.: Bois Lemay Inc. and Industrie Lemay Inc. The
subsidy rate assigned to these companies is the allothers rate from the investigation. See CVD Order.
23 Commerce finds the following companies to be
cross-owned with Fontaine Inc.: Gestion Natanis
Inc., Les Placements Jean-Paul Fontaine Ltee, and
Placements Nicolas Fontaine Inc. The subsidy rate
assigned to these companies is the all-others rate
from the investigation. See CVD Order.
24 Commerce finds the following companies to be
cross-owned with Mobilier Rustique (Beauce) Inc.:
J.F.S.R. Inc., Gestion C.A. Rancourt Inc., Gestion J.F.
Rancourt Inc., Gestion Suzie Rancourt Inc., Gestion
P.H.Q. Inc., 9331–3419 Quebec Inc., 9331–3468
Quebec Inc., and SPQ Inc. The subsidy rate
assigned to these companies is the all-others rate
from the investigation. See CVD Order.
25 Commerce finds the following company to be
cross-owned with Produits Matra Inc. and Sechoirs
de Beauce Inc.: Bois Ouvre de Beauceville (1992),
Inc. The subsidy rate assigned to these companies
is the non-selected rate from the first administrative
review of the order. See Certain Softwood Lumber
Products from Canada: Final Results of the
Countervailing Duty Administrative Review, 2017–
2018, 85 FR 77163 (December 1, 2020).
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of the injunction during the pendency of
any appeals process. In the event the
CIT’s ruling is not appealed, or, if
appealed, upheld by a final and
conclusive court decision, Commerce
intends to instruct CBP to assess
countervailing duties on unliquidated
entries of subject merchandise exported
by Fontaine and that were entered into
the United States, or withdrawn from
warehouse, for consumption during the
period April 28, 2017, through
December 31, 2018.
Furthermore, Commerce’s final results
of administrative review of the CVD
Order for the period April 28, 2017,
through December 31, 2018 are
currently the subject of a United States
Mexico Canada Agreement (USMCA)
Binational Panel Review (USMCA
Secretariat File No.: USA–CDA–2020–
10.12–01). Pursuant to that Panel
Review, Commerce will continue to
suspend liquidation of all entries of
subject merchandise produced and/or
exported by the companies subject to
the first administrative review pending
final disposition of the Binational Panel
proceeding. Because Produits Matra was
subject to the first administrative
review, Commerce will continue to
suspend liquidation of entries of subject
merchandise produced and/or exported
by Produits Matra (and its cross-owned
affiliate) that were entered, or
withdrawn from warehouse, for the
period April 28, 2017, through
December 31, 2018, pending final
disposition of the USMCA Binational
Panel proceeding.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: August 24, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2021–18596 Filed 8–27–21; 8:45 am]
BILLING CODE 3510–DS–P
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7.42
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–138]
Pentafluoroethane (R–125) From the
People’s Republic of China: Amended
Preliminary Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the scope of
the countervailing duty (CVD)
investigation of pentafluoroethane (R–
125) from the People’s Republic of
China (China) to conform with the scope
published in the preliminary
determination of the companion
antidumping duty (AD) investigation of
R–125 from China. The period of
investigation is January 1, 2020, through
December 31, 2020.
DATES: Applicable August 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua Tucker or Adam Simons, 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) 482–6172,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce published its CVD
Preliminary Determination on June 25,
2021.1
On August 17, 2021, Commerce
published the AD Preliminary
Determination within which the scope
of the investigations was amended to
exclude certain products, and to clarify
the inclusion of certain products, based
upon comments received from
interested parties.2
1 See Pentafluoroethane (R–125) from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping
Duty Determination, 86 FR 33648 (June 25, 2021)
(CVD Preliminary Determination).
2 See Pentafluoroethane (R–125) from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 86 FR 45959 (August 17, 2021) (AD
E:\FR\FM\30AUN1.SGM
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
Amended Scope of the Investigation
The product covered by this
investigation is R–125 from China. We
are amending the scope of the CVD
investigation to conform with the scope
of the companion AD investigation, as
indicated below. Specifically, we are
preliminarily:
• Excluding R–125 contained in
blends that conform to American
National Standards Institute (ANSI)/
American Society of Heating,
Refrigeration, and Air-Conditioning
Engineers (ASHRAE) Standard 34.
• only covering R–125 contained in
blends not conforming to ANSI/
ASHRAE Standard 34 (i.e., unfinished
blends) when such blends contain
greater than 85 percent by volume on an
actual percentage basis of R–125.
• removing the word ‘‘current’’ from
the exclusion of merchandise subject to
the order on Hydrofluorocarbon Blends
from the People’s Republic of China.
• clarifying that the scope includes
purified and unpurified R–125 that is
processed in a third country as long as
such processing would not otherwise
remove the R–125 from the scope of the
investigation if performed in China.
• updating the applicable list of
Harmonized Tariff Schedule of the
United States (HTSUS) codes for the
merchandise subject to the investigation
due to an update to the HTSUS that
occurred on July 1, 2021.
These preliminary scope
modifications were first enumerated in
the AD Preliminary Determination.3 For
a complete description of the amended
scope of this investigation, see the
appendix to this notice.
Suspension of Liquidation
khammond on DSKJM1Z7X2PROD with NOTICES
We have not revised the estimated
cash deposit rates published in the CVD
Preliminary Determination. In
accordance with section 703(d)(1)(B)
and (d)(2) of the Tariff Act of 1930, as
amended (the Act), we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of
entries of subject merchandise as
described in the amended scope of the
investigation, entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of this
notice in the Federal Register, and to
continue to require a cash deposit,
Preliminary Determination), and accompanying
Issues and Decision Memorandum at 5–6; see also
Memorandum, ‘‘Antidumping and Countervailing
Duty Investigations of Pentafluoroethane (R–125)
from the People’s Republic of China: Preliminary
Scope Decision Memorandum,’’ dated August 10,
2021, which was placed on the records of the AD
and CVD investigations.
3 See AD Preliminary Determination, 86 FR at
45962.
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18:40 Aug 27, 2021
Jkt 253001
pursuant to 19 CFR 351.205(d).
Additionally, because certain products
are now excluded from the scope of the
investigation, Commerce will instruct
CBP to terminate suspension of
liquidation of those excluded products,
and to refund any cash deposits
previously posted with respect to them.
Public Comment
Commerce has set a separate deadline
for scope comments in the AD and CVD
R–125 investigation proceedings.4 The
current deadline for case briefs
regarding scope issues is 21 days after
the publication of the AD Preliminary
Determination, which is September 7,
2021, and the deadline for rebuttal
briefs regarding scope issues is seven
days after scope case briefs are due,
which is September 14, 2021.5 Pursuant
to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit scope case briefs or
scope rebuttal briefs in this
investigation 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.
For all scope issues, parties must file
separate and identical documents on the
records of both the AD and CVD
investigations. No new factual
information or proprietary information
should be included in the scope case
briefs and scope rebuttal briefs.
Notifications
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission of its
amended determination. This
determination is issued and published
pursuant to sections 703(f) and 777(i) of
the Act and 19 CFR 351.205(c).
Dated: August 24, 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.
R–125 that has been blended with other
products is included within the scope if such
blends contain 85% or more by volume R–
125, on an actual percentage basis. However,
R–125 incorporated into a blend that
conforms to ANSI/ASHRAE Standard 34 is
4 Id.
5 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Sfmt 4703
48399
excluded from the scope of this investigation.
When R–125 is blended with other products
and otherwise falls under the scope of this
investigation, only the R–125 component of
the mixture is covered by the scope of this
investigation.
Subject merchandise also includes purified
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 scope is merchandise
covered by the scope of the antidumping
order on Hydrofluorocarbon Blends from the
People’s Republic of China, including
merchandise subject to the affirmative anticircumvention determination in
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).
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 and 2903.39.2938.
Merchandise subject to the scope may also be
entered under HTSUS subheadings
2903.39.2045, 3824.78.0020, and
3824.78.0050. 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. 2021–18597 Filed 8–27–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Request for Comments on U.S. Clean
Technologies Export Competitiveness
Strategy
International Trade
Administration, Department of
Commerce.
ACTION: Request for public comments.
AGENCY:
Recognizing the vital
importance of clean technologies in
tackling the global climate crisis and
spurring U.S. innovation and creating
well-paying jobs, the Department of
Commerce (DOC), in partnership with
the Office of the Special Presidential
Envoy for Climate (SPEC), has made it
a top priority to encourage growth and
ensure U.S. innovation and
competitiveness in clean technologies
SUMMARY:
E:\FR\FM\30AUN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48398-48399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18597]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-138]
Pentafluoroethane (R-125) From the People's Republic of China:
Amended Preliminary Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the scope of
the countervailing duty (CVD) investigation of pentafluoroethane (R-
125) from the People's Republic of China (China) to conform with the
scope published in the preliminary determination of the companion
antidumping duty (AD) investigation of R-125 from China. The period of
investigation is January 1, 2020, through December 31, 2020.
DATES: Applicable August 30, 2021.
FOR FURTHER INFORMATION CONTACT: Joshua Tucker or Adam Simons, 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) 482-6172,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published its CVD Preliminary Determination on June 25,
2021.\1\
---------------------------------------------------------------------------
\1\ See Pentafluoroethane (R-125) from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination, 86 FR 33648 (June 25, 2021) (CVD Preliminary
Determination).
---------------------------------------------------------------------------
On August 17, 2021, Commerce published the AD Preliminary
Determination within which the scope of the investigations was amended
to exclude certain products, and to clarify the inclusion of certain
products, based upon comments received from interested parties.\2\
---------------------------------------------------------------------------
\2\ See Pentafluoroethane (R-125) from the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final Determination, and
Extension of Provisional Measures, 86 FR 45959 (August 17, 2021) (AD
Preliminary Determination), and accompanying Issues and Decision
Memorandum at 5-6; see also Memorandum, ``Antidumping and
Countervailing Duty Investigations of Pentafluoroethane (R-125) from
the People's Republic of China: Preliminary Scope Decision
Memorandum,'' dated August 10, 2021, which was placed on the records
of the AD and CVD investigations.
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[[Page 48399]]
Amended Scope of the Investigation
The product covered by this investigation is R-125 from China. We
are amending the scope of the CVD investigation to conform with the
scope of the companion AD investigation, as indicated below.
Specifically, we are preliminarily:
Excluding R-125 contained in blends that conform to
American National Standards Institute (ANSI)/American Society of
Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE)
Standard 34.
only covering R-125 contained in blends not conforming to
ANSI/ASHRAE Standard 34 (i.e., unfinished blends) when such blends
contain greater than 85 percent by volume on an actual percentage basis
of R-125.
removing the word ``current'' from the exclusion of
merchandise subject to the order on Hydrofluorocarbon Blends from the
People's Republic of China.
clarifying that the scope includes purified and unpurified
R-125 that is processed in a third country as long as such processing
would not otherwise remove the R-125 from the scope of the
investigation if performed in China.
updating the applicable list of Harmonized Tariff Schedule
of the United States (HTSUS) codes for the merchandise subject to the
investigation due to an update to the HTSUS that occurred on July 1,
2021.
These preliminary scope modifications were first enumerated in the
AD Preliminary Determination.\3\ For a complete description of the
amended scope of this investigation, see the appendix to this notice.
---------------------------------------------------------------------------
\3\ See AD Preliminary Determination, 86 FR at 45962.
---------------------------------------------------------------------------
Suspension of Liquidation
We have not revised the estimated cash deposit rates published in
the CVD Preliminary Determination. In accordance with section
703(d)(1)(B) and (d)(2) of the Tariff Act of 1930, as amended (the
Act), we will direct U.S. Customs and Border Protection (CBP) to
continue to suspend liquidation of entries of subject merchandise as
described in the amended scope of the investigation, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, and to continue to
require a cash deposit, pursuant to 19 CFR 351.205(d). Additionally,
because certain products are now excluded from the scope of the
investigation, Commerce will instruct CBP to terminate suspension of
liquidation of those excluded products, and to refund any cash deposits
previously posted with respect to them.
Public Comment
Commerce has set a separate deadline for scope comments in the AD
and CVD R-125 investigation proceedings.\4\ The current deadline for
case briefs regarding scope issues is 21 days after the publication of
the AD Preliminary Determination, which is September 7, 2021, and the
deadline for rebuttal briefs regarding scope issues is seven days after
scope case briefs are due, which is September 14, 2021.\5\ Pursuant to
19 CFR 351.309(c)(2) and (d)(2), parties who submit scope case briefs
or scope rebuttal briefs in this investigation 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. For all scope issues,
parties must file separate and identical documents on the records of
both the AD and CVD investigations. No new factual information or
proprietary information should be included in the scope case briefs and
scope rebuttal briefs.
---------------------------------------------------------------------------
\4\ Id.
\5\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
Notifications
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission of its amended determination. This
determination is issued and published pursuant to sections 703(f) and
777(i) of the Act and 19 CFR 351.205(c).
Dated: August 24, 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.
R-125 that has been blended with other products is included
within the scope if such blends contain 85% or more by volume R-125,
on an actual percentage basis. However, R-125 incorporated into a
blend that conforms to ANSI/ASHRAE Standard 34 is excluded from the
scope of this investigation. When R-125 is blended with other
products and otherwise falls under the scope of this investigation,
only the R-125 component of the mixture is covered by the scope of
this investigation.
Subject merchandise also includes purified 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 scope is merchandise covered by the scope of
the antidumping order on Hydrofluorocarbon Blends from the People's
Republic of China, including merchandise subject to the affirmative
anti-circumvention determination in 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). 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 and 2903.39.2938.
Merchandise subject to the scope may also be entered under HTSUS
subheadings 2903.39.2045, 3824.78.0020, and 3824.78.0050. 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. 2021-18597 Filed 8-27-21; 8:45 am]
BILLING CODE 3510-DS-P
