1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 216-218 [2021-28486]
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Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / Notices
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(c), 752(c), and
777(i)(1) of the Act and 19 CFR 351.218.
Dated: December 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy &
Negotiations, Performing the Non-Exclusive
Functions and Duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Agreement
IV. History of the Current and Prior
Agreements
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Dumping Margins
Likely to Prevail
VII. Final Results of Expedited Sunset
Review
VIII. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–086]
Steel Propane Cylinders From the
People’s Republic of China: Notice of
Final Results of Antidumping Duty
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 19, 2021, the
Department of Commerce (Commerce)
published the initiation and preliminary
results of a changed circumstances
review (CCR) of the antidumping duty
(AD) order on steel propane cylinders
from the People’s Republic of China
(China). For these final results,
Commerce continues to find that Yi Jun
Hong Kong Limited (Yi Jun) is the
successor-in-interest to Hong Kong
GSBF Company Limited (GSBF) and
should be assigned the same AD cash
deposit rates for purposes of
determining AD liability.
DATES: Applicable January 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Katherine Sliney, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2437.
tkelley on DSK125TN23PROD with NOTICE
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Background
On September 30, 2021, Yi Jun
requested that, pursuant to section
751(b) of the Tariff Act of 1930, as
amended (the Act), 19 CFR 351.216, and
19 CFR 351.221(c)(3), Commerce
conduct a CCR of the Order 1 to confirm
that Yi Jun is the successor-in-interest to
GSBF, and to assign it the cash deposit
rate of GSBF.2 In its submission, Yi Jun
states that it underwent a name change,
but otherwise was unchanged.3
On November 19, 2021, Commerce
initiated a CCR and preliminarily
determined that Yi Jun is the successorin-interest to GSBF.4 In the Initiation
and Preliminary Results CCR, we
provided all interested parties with an
opportunity to comment.5 However, we
received no comments.
Scope of the Order
The merchandise subject to the Order
is steel cylinders for compressed or
liquefied propane or other gases (steel
propane cylinders). The merchandise
subject to the Order is properly
classified under statistical reporting
numbers 7311.00.0060 and
7311.00.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS statistical
reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.6
[FR Doc. 2021–28506 Filed 1–3–22; 8:45 am]
AGENCY:
SUPPLEMENTARY INFORMATION:
Final Results of Changed
Circumstances Review
For the reasons stated in the Initiation
and Preliminary Results CCR,
Commerce continues to find that Yi Jun
is the successor-in-interest to GSBF. As
a result of this determination and
consistent with established practice, we
find that Yi Jun should receive the cash
deposit rate previously assigned to
GSBF. Consequently, Commerce will
instruct U.S. Customs and Border
Protection to suspend liquidation of all
shipments of subject merchandise
1 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Orders, 84 FR 41703 (August 15,
2019) (Order).
2 See Yi Jun’s Letter, ‘‘Steel Propane Cylinders
from the People’s Republic of China—Yi Jun/GSBF
Changed Circumstances Review,’’ dated September
30, 2021.
3 Id. at 3–7.
4 See Steel Propane Cylinders from the People’s
Republic of China: Notice of Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstance Review, 86 FR 64899 (November 19,
2021) (Initiation and Preliminary Results CCR).
5 Id., 86 FR at 64901.
6 For the full scope language, see id., 86 FR at
64900.
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produced by GSBF Tank Inc. (GSBF
Tank) and exported by Yi Jun and
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice in the
Federal Register at the cash deposit rate
in effect for subject merchandise
produced by GSBF Tank and exported
by GSBF. This cash deposit requirement
shall remain in effect until further
notice.
Notification to Interested Parties
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Act, and 19
CFR 351.216(e), 351.221(b), and
351.221(c)(3).
Dated: December 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2021–28487 Filed 1–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–044]
1,1,1,2-Tetrafluoroethane (R-134a)
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the sole company subject to this
administrative review is part of the
China-wide entity because it did not file
a separate rate application (SRA). The
period of review (POR) is April 1, 2020,
through March 31, 2021. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable January 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5848.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 1, 2021, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on 1,1,1,2-
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Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / Notices
Tetrafluoroethane (R-134a) from the
People’s Republic of China (China).1 In
response, on April 30, 2021, the
American HFC Coalition and its
individual members 2 (the petitioners)
requested a review of one company,
Puremann, Inc. (Puremann).3 Commerce
initiated a review of this company on
June 11, 2021.4 The deadline for
interested parties to submit an SRA or
separate rate certification (SRC) was July
11, 2021.5 No party submitted an SRA
or an SRC. On June 29, 2021, the
petitioners submitted initial comments
on the record of this review.6 On August
16, 2021, Commerce placed U.S.
Customs and Border Protection (CBP)
data on the record of this review
demonstrating that there were no entries
of subject merchandise during the POR.7
The petitioners submitted rebuttal
comments on the CBP data on
September 2, 2021, and supplemental
comments on September 23, 2021.8 The
deadline for the preliminary results of
this review is January 3, 2022.
Scope of the Order
tkelley on DSK125TN23PROD with NOTICE
The merchandise covered by the order
is 1,1,1,2-Tetrafluoroethane, R-134a, or
its chemical equivalent, regardless of
form, type, or purity level. The chemical
formula for 1,1,1,2-Tetrafluoroethane is
CF3-CH2 F, and the Chemical Abstracts
Service registry number is CAS 811–97–
2.9
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 17137
(April 1, 2021).
2 American HFC Coalition’s members include the
following companies: Arkema Inc., the Chemours
Company FC LLC, Honeywell International Inc.,
and Mexichem Fluor, Inc.
3 See Petitioner’s Letter, ‘‘1,1,1,2Tetrafluoroethane (R-134a) from the People’s
Republic of China: Request for Administrative
Review of Antidumping Duty Order,’’ dated April
30, 2021.
4 See Initiation of Antidumping Duty and
Countervailing Duty Administrative Reviews, 86 FR
31282 (June 11, 2021) (Initiation Notice).
5 SRAs and SRCs were due thirty days from the
publication of Commerce’s Initiation Notice. In this
administrative review, the deadline was July 11,
2021.
6 See Petitioners’ Letter, ‘‘Antidumping Duty
Administrative Review of 1,1,1,2-Tetrafluoroethane
(R134a) from China: Request to Collect Additional
CBP Data,’’ dated June 29, 2021.
7 See Memorandum, ‘‘2020–2021 Administrative
Review of the Antidumping Duty Order on 1,1,1,2Tetrafluoroethane (R-134a) from the People’s
Republic of China,’’ dated August 16, 2021.
8 See Petitioners’ Letters, ‘‘Antidumping Duty
Administrative Review of 1,1,1,2-Tetrafluoroethane
(R-134a) from China: Rebuttal Comments on CBP
Entry Data,’’ dated September 2, 2021, and
‘‘Antidumping Duty Administrative Review of
1,1,1,2-Tetrafluoroethane (R-134a) from China:
Supplemental Information Concerning Census
Data,’’ dated September 23, 2021.
9 1,1,1,2-Tetrafluoroethane is sold under a
number of trade names including Klea 134a and
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Jkt 256001
Merchandise subject to the order is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheading 2903.39.2020.
Although the HTSUS subheading and
CAS registry number are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213.
Preliminary Results of Review
Puremann, the sole company subject
to this review, did not file an SRA, nor
a claim that it did not ship subject
merchandise during the POR. Thus,
Commerce preliminarily 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 non-market economy
(NME) entity as an exporter
conditionally subject to an antidumping
duty administrative review.10
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 Chinawide entity. Moreover, we have not selfinitiated a review of the China-wide
entity. Because no review of the Chinawide entity is being conducted, the
China-wide entity’s entries are not
subject to the review, and the rate
applicable to the NME entity is not
subject to change as a result of this
review. The China-wide entity rate is
167.02 percent.11
Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments, filed electronically via
Enforcement and Compliance’s
Zephex 134a (Mexichem Fluor); Genetron 134a
(Honeywell); FreonTM 134a, Suva 134a, Dymel
134a, and Dymel P134a (Chemours); Solkane 134a
(Solvay); and Forane 134a (Arkema). Generically,
1,1,1,2-Tetrafluoroethane has been sold as
Fluorocarbon 134a, R-134a, HFC-134a, HF A-134a,
Refrigerant 134a, and UN3159.
10 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).
11 See 1,1,1,2 Tetrafluoroethane (R-134a) from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 18422, 18423 (April 19, 2017).
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217
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS), within 30 days after
the date of publication of these
preliminary results of review.12
ACCESS is available to registered users
at https://access.trade.gov. Rebuttal
briefs, limited to issues raised in the
case briefs, must be filed within seven
days after the time limit for filing case
briefs.13 Parties who submit case or
rebuttal briefs in this proceeding are
requested to submit with each argument
a statement of the issue, a brief
summary of the argument, and a table of
authorities.14 Note that Commerce has
temporarily modified certain portions of
its requirements for serving documents
containing business proprietary
information, until further notice.15
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to Commerce within 30 days of
the date of publication of this notice.16
Requests should contain: (1) The party’s
name, address, the 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
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be
held.17 Commerce intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP shall assess, antidumping
duties on all appropriate entries of
subject merchandise covered by this
review.18 We intend to instruct CBP to
liquidate entries containing subject
merchandise exported by the company
under review that we determine in the
final results to be part of the China-wide
entity at the China-wide entity rate of
167.02 percent. Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
12 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1) and (2).
14 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
16 See 19 CFR 351.310(c).
17 See 19 CFR 310(d).
18 See 19 CFR 351.212(b)(1).
13 See
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218
Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / Notices
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).
Dated: December 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Cash Deposit Requirements
DEPARTMENT OF COMMERCE
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
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.,
167.02 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.
International Trade Administration
Notification to Importers
tkelley on DSK125TN23PROD with NOTICE
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 315.402(f)(2) 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.
[FR Doc. 2021–28486 Filed 1–3–22; 8:45 am]
BILLING CODE 3510–DS–P
[A–489–822]
Welded Line Pipe From the Republic of
Turkey: Partial Rescission and
Preliminary Intent to Rescind the
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding this
administrative review with respect to
companies for which requests for review
were timely withdrawn and
preliminarily rescinding this
administrative review with respect to
Cimtas Boru Imalatlari ve Ticaret, Ltd.
Sti. The period of review (POR) is
December 1, 2019, through November
30, 2020. Interested parties are invited
to comment on this preliminary
rescission.
DATES: Applicable January 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado, 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) 482–4682.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 4, 2021, based on timely
requests for review in accordance with
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act), we initiated
an administrative review of the
antidumping duty order on welded line
pipe from the Republic of Turkey
(Turkey).1 This review covers 19
producers and/or exporters of the
subject merchandise.
On April 27, 2021, the petitioners 2
withdrew their request for an
administrative review with respect to 18
companies.3 The petitioners did not
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) and
351.221(b)(4).
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18:43 Jan 03, 2022
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1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
8166, 8171 (February 4, 2021).
2 The petitioners are Maverick Tube Corporation
and IPSCO Tubulars Inc.
3 See Petitioners’ Letter, ‘‘Welded Line Pipe from
Turkey: Partial Withdrawal of Request for
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withdraw their review request for
Cimtas Boru Imalatlari ve Ticaret, Ltd.
Sti. (Cimtas).4
On August 18, 2021, Commerce
extended the preliminary results of this
review by 119 days, until December 30,
2021.5 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
Scope of the Order
The products covered by the order
include circular welded carbon and
alloy steel (other than stainless steel)
pipe from Turkey. Imports of subject
merchandise are currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings 7305.11.1030,
7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030,
7305.19.5000, 7306.19.1010,
7306.19.1050, 7306.19.5110, and
7306.19.5150. The subject merchandise
may also enter in HTSUS 7305.11.1060
and 7305.12.1060. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.7
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our decision, see the
Preliminary Decision Memorandum. A
list of the sections in the Preliminary
Decision Memorandum is attached in
Appendix II of this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Administrative Review of Antidumping Duty
Order,’’ dated April 27, 2021.
4 Id.
5 See Memorandum, ‘‘Welded Line Pipe from
Turkey: Extension of Deadline for Preliminary
Results of 2019–2020 Antidumping Duty
Administrative Review,’’ dated August 18, 2021.
6 See Memorandum, ‘‘Decision Memorandum for
the Partial Rescission and Preliminary Intent to
Rescind the 2019–2020 Administrative Review of
the Antidumping Duty Order on Welded Line Pipe
from the Republic of Turkey,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
7 For a complete description of the scope, see the
Preliminary Decision Memorandum.
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]]>Agencies
[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 216-218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28486]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-044]
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the sole company subject to this administrative review is part of
the China-wide entity because it did not file a separate rate
application (SRA). The period of review (POR) is April 1, 2020, through
March 31, 2021. We invite interested parties to comment on these
preliminary results.
DATES: Applicable January 4, 2022.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5848.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on
1,1,1,2-
[[Page 217]]
Tetrafluoroethane (R-134a) from the People's Republic of China
(China).\1\ In response, on April 30, 2021, the American HFC Coalition
and its individual members \2\ (the petitioners) requested a review of
one company, Puremann, Inc. (Puremann).\3\ Commerce initiated a review
of this company on June 11, 2021.\4\ The deadline for interested
parties to submit an SRA or separate rate certification (SRC) was July
11, 2021.\5\ No party submitted an SRA or an SRC. On June 29, 2021, the
petitioners submitted initial comments on the record of this review.\6\
On August 16, 2021, Commerce placed U.S. Customs and Border Protection
(CBP) data on the record of this review demonstrating that there were
no entries of subject merchandise during the POR.\7\ The petitioners
submitted rebuttal comments on the CBP data on September 2, 2021, and
supplemental comments on September 23, 2021.\8\ The deadline for the
preliminary results of this review is January 3, 2022.
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 17137 (April 1, 2021).
\2\ American HFC Coalition's members include the following
companies: Arkema Inc., the Chemours Company FC LLC, Honeywell
International Inc., and Mexichem Fluor, Inc.
\3\ See Petitioner's Letter, ``1,1,1,2-Tetrafluoroethane (R-
134a) from the People's Republic of China: Request for
Administrative Review of Antidumping Duty Order,'' dated April 30,
2021.
\4\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 86 FR 31282 (June 11, 2021) (Initiation
Notice).
\5\ SRAs and SRCs were due thirty days from the publication of
Commerce's Initiation Notice. In this administrative review, the
deadline was July 11, 2021.
\6\ See Petitioners' Letter, ``Antidumping Duty Administrative
Review of 1,1,1,2-Tetrafluoroethane (R134a) from China: Request to
Collect Additional CBP Data,'' dated June 29, 2021.
\7\ See Memorandum, ``2020-2021 Administrative Review of the
Antidumping Duty Order on 1,1,1,2-Tetrafluoroethane (R-134a) from
the People's Republic of China,'' dated August 16, 2021.
\8\ See Petitioners' Letters, ``Antidumping Duty Administrative
Review of 1,1,1,2-Tetrafluoroethane (R-134a) from China: Rebuttal
Comments on CBP Entry Data,'' dated September 2, 2021, and
``Antidumping Duty Administrative Review of 1,1,1,2-
Tetrafluoroethane (R-134a) from China: Supplemental Information
Concerning Census Data,'' dated September 23, 2021.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is 1,1,1,2-Tetrafluoroethane,
R-134a, or its chemical equivalent, regardless of form, type, or purity
level. The chemical formula for 1,1,1,2-Tetrafluoroethane is
CF3-CH2 F, and the Chemical Abstracts Service
registry number is CAS 811-97-2.\9\
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\9\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron
134a (Honeywell); Freon\TM\ 134a, Suva 134a, Dymel 134a, and Dymel
P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema).
Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon
134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159.
---------------------------------------------------------------------------
Merchandise subject to the order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheading
2903.39.2020. Although the HTSUS subheading and CAS registry number are
provided for convenience and customs purposes, the written description
of the scope is dispositive.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213.
Preliminary Results of Review
Puremann, the sole company subject to this review, did not file an
SRA, nor a claim that it did not ship subject merchandise during the
POR. Thus, Commerce preliminarily 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 non-market economy (NME) entity as an exporter
conditionally subject to an antidumping duty administrative review.\10\
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 NME entity is not subject to
change as a result of this review. The China-wide entity rate is 167.02
percent.\11\
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\10\ 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).
\11\ See 1,1,1,2 Tetrafluoroethane (R-134a) from the People's
Republic of China: Antidumping Duty Order, 82 FR 18422, 18423 (April
19, 2017).
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically via Enforcement and Compliance's Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
within 30 days after the date of publication of these preliminary
results of review.\12\ ACCESS is available to registered users at
https://access.trade.gov. Rebuttal briefs, limited to issues raised in
the case briefs, must be filed within seven days after the time limit
for filing case briefs.\13\ Parties who submit case or rebuttal briefs
in this proceeding are requested to submit with each argument a
statement of the issue, a brief summary of the argument, and a table of
authorities.\14\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1) and (2).
\14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\15\ 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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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to Commerce within
30 days of the date of publication of this notice.\16\ Requests should
contain: (1) The party's name, address, the 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 those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, parties will be notified of the time and date for the hearing to
be held.\17\ Commerce intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review.\18\ We intend to
instruct CBP to liquidate entries containing subject merchandise
exported by the company under review that we determine in the final
results to be part of the China-wide entity at the China-wide entity
rate of 167.02 percent. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
[[Page 218]]
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).
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\18\ See 19 CFR 351.212(b)(1).
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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 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.,
167.02 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 reminder to importers of their
responsibility under 19 CFR 315.402(f)(2) 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 preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: December 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-28486 Filed 1-3-22; 8:45 am]
BILLING CODE 3510-DS-P
