Pentafluoroethane (R-125) From the People's Republic of China: Antidumping and Countervailing Duty Orders, 12081-12084 [2022-04505]
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
the Act and 19 CFR 351.210(b)(1), the
deadline for the final determinations of
these investigations will continue to be
75 days after the date of the preliminary
determinations.
DEPARTMENT OF COMMERCE
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on January 10, 2022,
Commerce published its affirmative
final determination of sales at less than
fair value (LTFV) 1 and its affirmative
final determination that countervailable
subsidies are being provided to
producers and exporters of R–125 from
China.2 On February 23, 2022, the ITC
notified Commerce of its final
affirmative determinations that an
industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of R–
125 from China, within the meaning of
sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.3
International Trade Administration
Scope of the Orders
[A–570–137; C–570–138]
The products covered by these orders
are R–125 from China. For a complete
description of the scope of the orders,
see Appendix I to this notice.
Notification to Interested Parties
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–04506 Filed 3–2–22; 8:45 am]
BILLING CODE 3510–DS–P
Pentafluoroethane (R–125) From the
People’s Republic of China:
Antidumping and Countervailing Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) and countervailing duty (CVD)
orders on pentafluoroethane (R–125)
from the People’s Republic of China
(China).
DATES: Applicable March 3, 2022.
FOR FURTHER INFORMATION CONTACT: Alex
Wood (AD) or Adam Simons (CVD), 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 or (202) 482–6172,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
Antidumping Duty Order
On February 23, 2022, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of R–125 from China.4
Therefore, Commerce is issuing this AD
order in accordance with sections
735(c)(2) and 736 of the Act. Because
the ITC determined that imports of R–
125 from China are materially injuring
a U.S. industry, unliquidated entries of
such merchandise from China entered,
or withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise for all
relevant entries of R–125 from China.
Antidumping duties will be assessed on
unliquidated entries of R–125 from
China entered, or withdrawn from
warehouse, for consumption on or after
August 17, 2021, the date of publication
of the LTFV Preliminary Determination,
but will not be assessed on entries
occurring after the expiration of the
provisional measures period and before
publication of the ITC’s final affirmative
injury determination, as further
described below.5
Continuation of Suspension of
Liquidation—AD
In accordance with section 736 of the
Act, we will instruct CBP to continue to
suspend liquidation on all relevant
entries of R–125 from China entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. These instructions suspending
liquidation will remain in effect until
further notice. For each producer and
exporter combination, Commerce will
also instruct CBP to require cash
deposits for estimated antidumping
duties equal to the cash deposit rates
listed below.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as an importer of
record would normally deposit
estimated duties on the subject
merchandise, a cash deposit for each
entry of subject merchandise equal to
the cash deposit rates listed below.6 As
stated in the LTFV Final Determination,
Commerce made certain adjustments for
export subsidies from the CVD Final
Determination to the estimated
weighted-average dumping margins to
determine each of the cash deposit rates.
Producer
Exporter
Zhejiang Sanmei Chemical Ind. Co., Ltd ................
Fujian Qingliu Dongying Chemical Ind. Co., Ltd ....
Zhejiang Sanmei Chemical Ind. Co., Ltd ...............
Zhejiang Sanmei Chemical Ind. Co., Ltd ...............
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
1 See Pentafluoroethane (R–125) from the People’s
Republic of China: Final Affirmative Determination
of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances, in Part, 87 FR 1117 (January 10,
2022) (LTFV Final Determination).
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2 See Pentafluoroethane (R–125) from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination, 87 FR 1110 (January 10, 2022)
(CVD Final Determination).
3 See ITC’s Letter, Notification of ITC Final
Determinations, dated February 23, 2022 (ITC
Notification).
4 Id.
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Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
277.95
277.95
267.41
267.41
5 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) (LTFV
Preliminary Determination).
6 See section 736(a)(3) of the Act.
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
Receiving
277.95
267.41
.................................................................................
278.05
267.51
Producer
Exporter
Producers Supplying the Non-Individually-Examined Exporters Receiving Separate Rates (see
Appendix II).
China-Wide Entity 7 .................................................
Provisional Measures—AD
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except that Commerce may
extend the four-month period to no
more than six months at the request of
exporters representing a significant
proportion of exports of the subject
merchandise. Commerce published its
LTFV Preliminary Determination on
August 17, 2021.8 Therefore, the sixmonth period beginning on the date of
publication of the LTFV Preliminary
Determination ended on February 12,
2022.
Therefore, in accordance with section
733(d) of the Act, Commerce will
instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of R–125 from China entered, or
withdrawn from warehouse, for
consumption after February 12, 2022,
the date on which the provisional
measures expired, through the day
preceding the date of publication of the
ITC’s final affirmative injury
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final affirmative injury determination in
the Federal Register.
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Critical Circumstances—AD
With regard to the ITC’s negative
critical circumstances determination on
R–125 from China, we will instruct CBP
to lift suspension and to refund all cash
deposits made to secure the payment of
estimated antidumping duties with
respect to entries of R–125 from China
entered, or withdrawn from warehouse,
for consumption on or after May 19,
2021 (i.e., 90 days prior to the date of
publication of the LTFV Preliminary
Determination), but before August 17,
2021 (i.e., the date of publication of the
LTFV Preliminary Determination).
7 The China-wide entity also includes Zhejiang
Quzhou Juxin Fluorine Chemical Co., Ltd.
8 See LTFV Preliminary Determination.
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Non-Individually-Examined Exporters
Separate Rates (see Appendix II).
Countervailing Duty Order
On February 23, 2022, in accordance
with section 705(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
imports of R–125 from China.9
Therefore, Commerce is issuing this
CVD order in accordance with sections
705(c)(2) and 706 of the Act. Because
the ITC determined that imports of R–
125 from China are materially injuring
a U.S. industry, unliquidated entries of
such merchandise from China entered,
or withdrawn from warehouse, for
consumption are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a)(1) of the Act, Commerce will
direct CBP to assess, upon further
instruction by Commerce,
countervailing duties on all relevant
entries of R–125 from China.
Countervailing duties will be assessed
on unliquidated entries of R–125 from
China which are entered, or withdrawn
from warehouse, for consumption on or
after June 25, 2021, the date of
publication of the CVD Preliminary
Determination,10 but will not be
assessed on entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final affirmative injury
determination, as further described
below.
Suspension of Liquidation—CVD
In accordance with section 706 of the
Act, we will instruct CBP to reinstitute
suspension of liquidation on all relevant
entries of R–125 from China, effective
on the date of publication of the ITC’s
final affirmative injury determination in
the Federal Register, and to assess,
upon further instruction by Commerce,
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
9 See
ITC Notification.
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).
10 See
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based on the net countervailable
subsidy rate for the subject
merchandise. These instructions
suspending liquidation will remain in
effect until further notice. Commerce
will also instruct CBP to require cash
deposits equal to the amounts as
indicated below. Accordingly, effective
on the date of publication of the ITC’s
final affirmative injury determination,
CBP will require, at the same time as
importers would normally deposit
estimated duties on the subject
merchandise, a cash deposit for each
entry of subject merchandise equal to
the subsidy rates listed below.11 The allothers rate applies to all producers or
exporters not specifically listed below,
as appropriate.
Company
Arkema Daikin Advanced
Fluorochemicals
(Changsu) Co., Ltd ...........
Daikin Fluorochemicals
(China) Co., Ltd ................
Hongkong Richmax Ltd ........
Weitron International Refrigeration Equipment
(Kunshan) Co., Ltd ............
Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.12 ..
Zhejiang Sanmei Chemical
Ind. Co., Ltd.13 ..................
All Others ..............................
Subsidy rate
(percent)
291.26
291.26
291.26
291.26
3.23
2.31
3.12
Provisional Measures—CVD
Section 703(d) of the Act states that
suspension of liquidation instructions
issued pursuant to an affirmative
preliminary determination may not
remain in effect for more than four
months. Commerce published its CVD
Preliminary Determination on June 25,
2021. Therefore, the provisional
measures period, beginning on the date
of publication of the CVD Preliminary
11 See
section 706(a)(3) of the Act.
has found the following companies
to be cross-owned with Zhejiang Quzhou Juxin
Fluorine Chemical Co., Ltd.: Juhua Group
Corporation; Zhejiang Juhua Co., Ltd.; Ningbo Juhua
Chemical & Science Co., Ltd.; Zhejiang Quzhou
Fluoxin Chemicals Co., Ltd.; and Zhejiang Juhua
Chemical Mining Co., Ltd.
13 Commerce has found the following company to
be cross-owned with Zhejiang Sanmei Chemical
Ind. Co., Ltd.: Fujian Qingliu Dongying Chemical
Ind. Co. Ltd.
12 Commerce
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Determination, ended on October 22,
2021. Pursuant to section 707(b) of the
Act, the collection of cash deposits at
the rate listed above will begin on the
date of publication of the ITC’s final
affirmative injury determinations.
Therefore, in accordance with section
703(d) of the Act, Commerce instructed
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to countervailing duties,
unliquidated entries of R–125 from
China entered, or withdrawn from
warehouse, for consumption after
October 22, 2021, the date on which the
provisional measures expired, through
the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final affirmative injury determination in
the Federal Register.
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Critical Circumstances—CVD
With regard to the ITC’s negative
critical circumstances determination on
imports of R–125 from China, we intend
to instruct CBP to lift suspension and to
refund any cash deposits made to secure
the payment of estimated countervailing
duties with respect to entries of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after March 27, 2021
(i.e., 90 days prior to the date of the
publication of the CVD Preliminary
Determination), but before June 25, 2021
(i.e., the date of publication of the CVD
Preliminary Determination).
Establishment of the Annual Inquiry
Service List
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.14 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.15 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
14 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
15 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
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persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.16
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 17
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
16 Id.
17 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field,
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
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Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 18
Accordingly, as stated above, the
petitioner and the Government of China
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list. Pursuant to
19 CFR 351.225(n)(3), the petitioner and
the Government of China will not need
to resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioner and the
Government of China are responsible for
making amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the AD and
CVD orders with respect to R–125 from
China pursuant to sections 706(a) and
736(a) of the Act. Interested parties can
find a list of duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are published in
accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Orders
The merchandise covered by these orders
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 contained in blends that do not
conform to ANSI/ASHRAE Standard 34 is
included in the scope of these orders when
R–125 constitutes the largest relative
component by volume, on an actual
percentage basis, of the blend.19 However, R–
18 See
Final Rule, 86 FR at 52335.
relative component by volume, on an
actual percentage basis’’ means that the percentage
of R–125 contained in a blend is larger than the
individual percentages of all the other components.
For example, R–125 contained in a blend that does
not conform to ANSI/ASHRAE Standard 34 and
which contains 35% R–125 by volume is covered
by the scope of the orders if no other component
19 ‘‘Largest
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125 incorporated into a blend that conforms
to ANSI/ASHRAE Standard 34 is excluded
from the scope of these orders. When R–125
is blended with other products and otherwise
falls under the scope of these orders, only the
R–125 component of the mixture is covered
by the scope of these orders.
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 the orders 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 these orders. Only the subject
component of such commingled products is
covered by the scope of these orders.
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).
Appendix II—Separate Rate Companies
Exporter
Producer
Non-individually-examined exporters receiving separate rates
Producers supplying the non-individually-examined exporters receiving
separate rates
Huantai Dongyue International Trade Co. Ltd .........................................
Shandong Dongyue Chemical Co., Ltd ....................................................
Shandong Huaan New Material Co., Ltd .................................................
T.T. International Co., Ltd./T.T. International Co., Limited 20 ...................
T.T. International Co., Ltd./T.T. International Co., Limited ......................
T.T. International Co., Ltd./T.T. International Co., Limited ......................
Zhejiang Yonghe Refrigerant Co., Ltd .....................................................
Zibo Feiyuan Chemical Co., Ltd ...............................................................
Jinhua Binglong Chemical Technology Co., Ltd.
Shandong Dongyue Chemical Co., Ltd.
Shandong Huaan New Material Co., Ltd.
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
Zhejiang Quhua Fluor-Chemistry Co., Ltd.
Zhejiang Sanmei Chemical Industry. Co., Ltd.
Jinhua Yonghe Fluorochemical Co., Ltd.
Zibo Feiyuan Chemical Co., Ltd.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2022–04505 Filed 3–2–22; 8:45 am]
Eliza Siordia or Eric Hawkins, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3878 or (202) 482–1988,
respectively.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–874]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
Preliminary Results of Countervailing
Duty Administrative Review; 2020
SUPPLEMENTARY INFORMATION:
Background
Applicable March 3, 2022.
On April 1, 2021, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on colddrawn mechanical tubing from India.1
On October 5, 2021, Commerce
extended the time period for issuing
these preliminary results by 117 days, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act).2 The revised deadline for these
preliminary results is now February 25,
2022.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
part of the blend equals or exceeds 35% of the
volume of the blend.
20 Commerce determined that T.T. International
Co., Ltd. and T.T. International Co., Limited are a
single entity (collectively, TTI).
1 See Initiation and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1,
2021); see also Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from the People’s
Republic of China and India: Countervailing Duty
Orders, 83 FR 4637 (February 1, 2018) (Order).
2 See Memorandum, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India: Extension of Deadline for Preliminary Results
of Countervailing Duty Administrative Review,
2020,’’ dated October 5, 2021.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain cold-drawn mechanical tubing of
carbon and alloy steel (cold-drawn
mechanical tubing) from India during
the period of review, January 1, 2020,
through December 31, 2020. Interested
parties are invited to comment on these
preliminary results.
SUMMARY:
DATES:
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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 2903.49.1010. Merchandise
subject to the scope may also be entered
under HTSUS subheadings 2903.49.0000 and
3827.11.0000, or 3827.39.0000. The HTSUS
subheadings and CAS registry number are
provided for convenience and customs
purposes. The written description of the
scope of the orders is dispositive.
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Memorandum is included at the
appendix to 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.
Scope of the Order
The merchandise covered by the
Order is cold-drawn mechanical tubing
from India. For a complete description
of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Act. For each of the subsidy
programs found countervailable, we
preliminarily find that there is a
subsidy, i.e., a financial contribution
that gives rise to a benefit to the
recipient, and the subsidy is specific.4
Administrative Review: Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India; 2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\03MRN1.SGM
03MRN1
]]>Agencies
[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12081-12084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04505]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-137; C-570-138]
Pentafluoroethane (R-125) From the People's Republic of China:
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on pentafluoroethane (R-125) from the
People's Republic of China (China).
DATES: Applicable March 3, 2022.
FOR FURTHER INFORMATION CONTACT: Alex Wood (AD) or Adam Simons (CVD),
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 or (202)
482-6172, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on January 10, 2022, Commerce published its
affirmative final determination of sales at less than fair value (LTFV)
\1\ and its affirmative final determination that countervailable
subsidies are being provided to producers and exporters of R-125 from
China.\2\ On February 23, 2022, the ITC notified Commerce of its final
affirmative determinations that an industry in the United States is
materially injured by reason of LTFV imports and subsidized imports of
R-125 from China, within the meaning of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.\3\
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\1\ See Pentafluoroethane (R-125) from the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
in Part, 87 FR 1117 (January 10, 2022) (LTFV Final Determination).
\2\ See Pentafluoroethane (R-125) from the People's Republic of
China: Final Affirmative Countervailing Duty Determination, 87 FR
1110 (January 10, 2022) (CVD Final Determination).
\3\ See ITC's Letter, Notification of ITC Final Determinations,
dated February 23, 2022 (ITC Notification).
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Scope of the Orders
The products covered by these orders are R-125 from China. For a
complete description of the scope of the orders, see Appendix I to this
notice.
Antidumping Duty Order
On February 23, 2022, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of R-125 from
China.\4\ Therefore, Commerce is issuing this AD order in accordance
with sections 735(c)(2) and 736 of the Act. Because the ITC determined
that imports of R-125 from China are materially injuring a U.S.
industry, unliquidated entries of such merchandise from China entered,
or withdrawn from warehouse, for consumption are subject to the
assessment of antidumping duties.
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\4\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise for all
relevant entries of R-125 from China. Antidumping duties will be
assessed on unliquidated entries of R-125 from China entered, or
withdrawn from warehouse, for consumption on or after August 17, 2021,
the date of publication of the LTFV Preliminary Determination, but will
not be assessed on entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
affirmative injury determination, as further described below.\5\
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\5\ 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)
(LTFV Preliminary Determination).
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Continuation of Suspension of Liquidation--AD
In accordance with section 736 of the Act, we will instruct CBP to
continue to suspend liquidation on all relevant entries of R-125 from
China entered, or withdrawn from warehouse, for consumption on or after
the date of publication of the ITC's final affirmative injury
determinations in the Federal Register. These instructions suspending
liquidation will remain in effect until further notice. For each
producer and exporter combination, Commerce will also instruct CBP to
require cash deposits for estimated antidumping duties equal to the
cash deposit rates listed below.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as an importer of record would normally deposit estimated duties
on the subject merchandise, a cash deposit for each entry of subject
merchandise equal to the cash deposit rates listed below.\6\ As stated
in the LTFV Final Determination, Commerce made certain adjustments for
export subsidies from the CVD Final Determination to the estimated
weighted-average dumping margins to determine each of the cash deposit
rates.
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\6\ See section 736(a)(3) of the Act.
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit rate
weighted-average (adjusted for
Producer Exporter dumping margin subsidy offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Zhejiang Sanmei Chemical Ind. Co., Ltd..... Zhejiang Sanmei Chemical Ind. 277.95 267.41
Co., Ltd.
Fujian Qingliu Dongying Chemical Ind. Co., Zhejiang Sanmei Chemical Ind. 277.95 267.41
Ltd. Co., Ltd.
[[Page 12082]]
Producers Supplying the Non-Individually- Non-Individually-Examined 277.95 267.41
Examined Exporters Receiving Separate Exporters Receiving Separate
Rates (see Appendix II). Rates (see Appendix II).
China-Wide Entity \7\...................... ............................. 278.05 267.51
----------------------------------------------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. Commerce published its LTFV Preliminary
Determination on August 17, 2021.\8\ Therefore, the six-month period
beginning on the date of publication of the LTFV Preliminary
Determination ended on February 12, 2022.
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\7\ The China-wide entity also includes Zhejiang Quzhou Juxin
Fluorine Chemical Co., Ltd.
\8\ See LTFV Preliminary Determination.
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Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of R-125 from China entered, or withdrawn from warehouse, for
consumption after February 12, 2022, the date on which the provisional
measures expired, through the day preceding the date of publication of
the ITC's final affirmative injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register.
Critical Circumstances--AD
With regard to the ITC's negative critical circumstances
determination on R-125 from China, we will instruct CBP to lift
suspension and to refund all cash deposits made to secure the payment
of estimated antidumping duties with respect to entries of R-125 from
China entered, or withdrawn from warehouse, for consumption on or after
May 19, 2021 (i.e., 90 days prior to the date of publication of the
LTFV Preliminary Determination), but before August 17, 2021 (i.e., the
date of publication of the LTFV Preliminary Determination).
Countervailing Duty Order
On February 23, 2022, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 705(b)(1)(A)(i) of the Act by reason of imports of R-125 from
China.\9\ Therefore, Commerce is issuing this CVD order in accordance
with sections 705(c)(2) and 706 of the Act. Because the ITC determined
that imports of R-125 from China are materially injuring a U.S.
industry, unliquidated entries of such merchandise from China entered,
or withdrawn from warehouse, for consumption are subject to the
assessment of countervailing duties.
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\9\ See ITC Notification.
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Therefore, in accordance with section 706(a)(1) of the Act,
Commerce will direct CBP to assess, upon further instruction by
Commerce, countervailing duties on all relevant entries of R-125 from
China. Countervailing duties will be assessed on unliquidated entries
of R-125 from China which are entered, or withdrawn from warehouse, for
consumption on or after June 25, 2021, the date of publication of the
CVD Preliminary Determination,\10\ but will not be assessed on entries
occurring after the expiration of the provisional measures period and
before publication of the ITC's final affirmative injury determination,
as further described below.
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\10\ 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).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, we will instruct CBP to
reinstitute suspension of liquidation on all relevant entries of R-125
from China, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rate for the subject merchandise. These instructions suspending
liquidation will remain in effect until further notice. Commerce will
also instruct CBP to require cash deposits equal to the amounts as
indicated below. Accordingly, effective on the date of publication of
the ITC's final affirmative injury determination, CBP will require, at
the same time as importers would normally deposit estimated duties on
the subject merchandise, a cash deposit for each entry of subject
merchandise equal to the subsidy rates listed below.\11\ The all-others
rate applies to all producers or exporters not specifically listed
below, as appropriate.
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\11\ See section 706(a)(3) of the Act.
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Subsidy rate
Company (percent)
------------------------------------------------------------------------
Arkema Daikin Advanced Fluorochemicals (Changsu) Co., 291.26
Ltd....................................................
Daikin Fluorochemicals (China) Co., Ltd................. 291.26
Hongkong Richmax Ltd.................................... 291.26
Weitron International Refrigeration Equipment (Kunshan) 291.26
Co., Ltd...............................................
Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.\12\... 3.23
Zhejiang Sanmei Chemical Ind. Co., Ltd.\13\............. 2.31
All Others.............................................. 3.12
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Provisional Measures--CVD
Section 703(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months.
Commerce published its CVD Preliminary Determination on June 25, 2021.
Therefore, the provisional measures period, beginning on the date of
publication of the CVD Preliminary
[[Page 12083]]
Determination, ended on October 22, 2021. Pursuant to section 707(b) of
the Act, the collection of cash deposits at the rate listed above will
begin on the date of publication of the ITC's final affirmative injury
determinations.
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\12\ Commerce has found the following companies to be cross-
owned with Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.: Juhua
Group Corporation; Zhejiang Juhua Co., Ltd.; Ningbo Juhua Chemical &
Science Co., Ltd.; Zhejiang Quzhou Fluoxin Chemicals Co., Ltd.; and
Zhejiang Juhua Chemical Mining Co., Ltd.
\13\ Commerce has found the following company to be cross-owned
with Zhejiang Sanmei Chemical Ind. Co., Ltd.: Fujian Qingliu
Dongying Chemical Ind. Co. Ltd.
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Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of R-125 from China entered, or withdrawn from warehouse, for
consumption after October 22, 2021, the date on which the provisional
measures expired, through the day preceding the date of publication of
the ITC's final injury determination in the Federal Register.
Suspension of liquidation will resume on the date of publication of the
ITC's final affirmative injury determination in the Federal Register.
Critical Circumstances--CVD
With regard to the ITC's negative critical circumstances
determination on imports of R-125 from China, we intend to instruct CBP
to lift suspension and to refund any cash deposits made to secure the
payment of estimated countervailing duties with respect to entries of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after March 27, 2021 (i.e., 90 days prior to the date
of the publication of the CVD Preliminary Determination), but before
June 25, 2021 (i.e., the date of publication of the CVD Preliminary
Determination).
Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\14\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\15\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\16\
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\14\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\15\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\16\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \17\
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\17\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \18\ Accordingly, as stated
above, the petitioner and the Government of China should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Government of China will not need
to resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioner
and the Government of China are responsible for making amendments to
their entries of appearance during the annual update to the annual
inquiry service list in accordance with the procedures described above.
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\18\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to R-125
from China pursuant to sections 706(a) and 736(a) of the Act.
Interested parties can find a list of duty orders currently in effect
at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Orders
The merchandise covered by these orders 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 contained in blends that do not conform to ANSI/ASHRAE
Standard 34 is included in the scope of these orders when R-125
constitutes the largest relative component by volume, on an actual
percentage basis, of the blend.\19\ However, R-
[[Page 12084]]
125 incorporated into a blend that conforms to ANSI/ASHRAE Standard
34 is excluded from the scope of these orders. When R-125 is blended
with other products and otherwise falls under the scope of these
orders, only the R-125 component of the mixture is covered by the
scope of these orders.
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\19\ ``Largest relative component by volume, on an actual
percentage basis'' means that the percentage of R-125 contained in a
blend is larger than the individual percentages of all the other
components. For example, R-125 contained in a blend that does not
conform to ANSI/ASHRAE Standard 34 and which contains 35% R-125 by
volume is covered by the scope of the orders if no other component
part of the blend equals or exceeds 35% of the volume of the blend.
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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 the orders 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 these orders. Only the subject component of such
commingled products is covered by the scope of these orders.
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 2903.49.1010. Merchandise subject
to the scope may also be entered under HTSUS subheadings
2903.49.0000 and 3827.11.0000, or 3827.39.0000. The HTSUS
subheadings and CAS registry number are provided for convenience and
customs purposes. The written description of the scope of the orders
is dispositive.
Appendix II--Separate Rate Companies
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\20\ Commerce determined that T.T. International Co., Ltd. and
T.T. International Co., Limited are a single entity (collectively,
TTI).
------------------------------------------------------------------------
Exporter Producer
------------------------------------------------------------------------
Producers supplying the non-
Non-individually-examined exporters individually-examined exporters
receiving separate rates receiving separate rates
------------------------------------------------------------------------
Huantai Dongyue International Trade Co. Jinhua Binglong Chemical
Ltd. Technology Co., Ltd.
Shandong Dongyue Chemical Co., Ltd..... Shandong Dongyue Chemical Co.,
Ltd.
Shandong Huaan New Material Co., Ltd... Shandong Huaan New Material
Co., Ltd.
T.T. International Co., Ltd./T.T. Sinochem Environmental
International Co., Limited \20\. Protection Chemicals (Taicang)
Co., Ltd.
T.T. International Co., Ltd./T.T. Zhejiang Quhua Fluor-Chemistry
International Co., Limited. Co., Ltd.
T.T. International Co., Ltd./T.T. Zhejiang Sanmei Chemical
International Co., Limited. Industry. Co., Ltd.
Zhejiang Yonghe Refrigerant Co., Ltd... Jinhua Yonghe Fluorochemical
Co., Ltd.
Zibo Feiyuan Chemical Co., Ltd......... Zibo Feiyuan Chemical Co., Ltd.
------------------------------------------------------------------------
[FR Doc. 2022-04505 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-DS-P
