Difluoromethane From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Intent To Rescind, in Part, of Antidumping Duty Administrative Review; 2020-2022, 20486-20488 [2023-07113]
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices
be 7.80 percent,8 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results or, if there is no
public announcement, within five days
of the date of publication of this notice.9
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
seven days after the date for filing case
briefs.10 Parties who submit case or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.11 Case and
rebuttal briefs should be filed using
ACCESS 12 and must be served on
interested parties.13 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must d submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS.15 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the case and rebuttal briefs.16
If a request for a hearing is made,
Commerce intends to hold the hearing
at a time and date to be determined. A
hearing request must be filed
electronically using ACCESS and
received in its entirety by 5:00 p.m.
Eastern Time within 30 days after
publication of this notice.
8 See
Order.
19 CFR 351.224(b).
10 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See generally 19 CFR 351.303.
13 See 19 CFR 351.303(f).
14 See Temporary Rule.
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310.
ddrumheller on DSK120RN23PROD with NOTICES1
9 See
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Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–07114 Filed 4–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–121]
Difluoromethane From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review, Partial Rescission, and
Preliminary Intent To Rescind, in Part,
of Antidumping Duty Administrative
Review; 2020–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
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determines that the sole mandatory
respondent under review made sales of
difluoromethane (R–32) from the
People’s Republic of China (China)
below normal value (NV) during the
period of review (POR). Additionally,
we are rescinding this review with
respect to Huantai Dongyue
International Trade Co., Ltd. (Huantai
Dongyue) and preliminarily rescinding
this review with respect to Zhejiang
Sanmei Chemical Ind. Co., Ltd.
(Zhejiang Sanmei). Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT: Paul
Gill, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5673.
SUPPLEMENTARY INFORMATION:
Background
On May 13, 2022, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on R–32 from
China.1 The POR is August 27, 2020,
through February 28, 2022. On
November 2, 2022, we extended the
preliminary results of this review to no
later than March 31, 2023.2 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.3
Scope of the Order
The merchandise covered by the
Order is difluoromethane (R–32), or its
chemical equivalent, regardless of form,
type, or purity level.4 R–32 is classified
under Harmonized Tariff Schedule of
the United States (HTSUS) subheading
2903.39.2035. Other merchandise
subject to the scope may be classified
under 2903.39.2045 and 3824.78.0020.
While HTSUS subheadings are provided
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
29280 (May 13, 2022); see also Difluoromethane (R–
32) from the People’s Republic of China:
Antidumping Duty Order, 86 FR 13886 (March 11,
2021) (Order).
2 See Memorandum, ‘‘Difluoromethane (R–32)
from the People’s Republic of China: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review, 2020–2022,’’ dated
November 2, 2022.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Difluoromethane (R–32)
from the People’s Republic of China; 2020–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 For a complete description of the scope of the
order, see Preliminary Decision Memorandum
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices
for convenience and customs purposes,
the written description of the subject
merchandise is dispositive.
rescinding the review with respect to
Zhejiang Sanmei in accordance with 19
CFR 351.213(d)(3).11
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of notice of initiation of
the requested review. On July 20, 2022,
Huantai Dongyue timely withdrew its
request for an administrative review.5
Because no other party requested a
review of Huantai Dongyue, we are
rescinding the administrative review for
this company in accordance with 19
CFR 351.213(d)(1).
Preliminary Affiliation and Single
Entity Determination
ddrumheller on DSK120RN23PROD with NOTICES1
Preliminary Intent To Rescind, in Part
It is Commerce’s practice to rescind
an administrative review pursuant to 19
CFR 351.213(d)(3) when there are no
reviewable entries of subject
merchandise during the POR subject to
the antidumping duty order and for
which liquidation is suspended.6 At the
end of an administrative review,
suspended entries are liquidated at the
assessment rate computed for the review
period.7 Therefore, for an administrative
review to be conducted, there must be
a reviewable, suspended entry to be
liquidated at the newly calculated
assessment rate.
While Zhejiang Sanmei requested an
administrative review of itself,8 the U.S.
Customs and Border Protection Data
(CBP) data on the record of this review
show no evidence that Zhejiang Sanmei
had suspended entries of subject
merchandise during the POR,9 and we
received confirmation of this from
CBP.10 As the record contains no
evidence of reviewable entries for
Zhejiang Sanmei, we are preliminarily
5 See Huantai Dongyue’s Letter, ‘‘Withdrawal of
Request for Administrative Review’’ dated July 20,
2022.
6 See, e.g., Solid Fertilizer Grade Ammonium
Nitrate from the Russian Federation: Notice of
Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012); see also
Forged Steel Fittings from Taiwan: Preliminary
Intent To Rescind the Antidumping Duty
Administrative Review; 2018–2019, 85 FR 44503
(July 23, 2020), unchanged in Forged Steel Fittings
from Taiwan: Rescission of Antidumping Duty
Administrative Review; 2018–2019, 85 FR 71317
(November 9, 2020).
7 See 19 CFR 351.212(b)(l).
8 See Zhejiang Sanmei’s Letter, ‘‘Request for
Administrative Review,’’ dated March 31, 2022.
9 See Memorandum, ‘‘Release of Customs Entry
Data from U.S. Customs and Border Protection
(CBP),’’ dated May 16, 2022.
10 See Memorandum, ‘‘No Shipment Inquiry with
Respect to {Zhejiang Sanmei} During the Period 08/
27/2020 Through 02/28/2022,’’ dated March 20,
2023.
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21:13 Apr 05, 2023
Jkt 259001
Based on record evidence in this
review, Commerce preliminarily finds
that the following companies are
affiliated, pursuant to section 771(33)(F)
of the Tariff Act of 1930, as amended
(the Act): Taizhou Qingsong Refrigerant
New Material Co., Ltd. (Taizhou
Qingsong), Taixing Meilan New
Materials Co., Ltd. (Taixing Meilan), and
Jiangsu Meilan Chemical Co., Ltd.
Furthermore, pursuant to 19 CFR
351.401(f)(1)–(2), we find that Taizhou
Qingsong and Taixing Meilan should be
treated as a single entity (collectively,
Qingsong). For additional information,
see the Affiliation and Collapsing
Memorandum.12
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. Export price is calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
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. A list
of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period August 27,
2020, through February 28, 2022:
11 For additional information regarding this
preliminary intent to rescind, see the Preliminary
Decision Memorandum.
12 See Memorandum, ‘‘Affiliation and Single
Entity Status—Taizhou Qingsong Refrigerant New
Materials Co., Ltd. and Taixing Meilan New
Materials Co., Ltd.,’’ dated concurrently with this
memorandum (Affiliation and Collapsing
Memorandum).
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Producer or exporter
Taizhou Qingsong Refrigerant New Material Co.,
Ltd.; Taixing Meilan New
Materials Co., Ltd ..............
20487
Weightedaverage
dumping
margin
(percent)
160.65
Assessment Rates
Upon issuing the final results,
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.13
Pursuant to 19 CFR 351.212(b)(1),
Commerce calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those sales. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.14
Pursuant to Commerce’s assessment
practice,15 for entries that were not
reported in the U.S. sales data submitted
by Qingsong, we will instruct CBP to
liquidate such entries at the China-wide
rate. For Zhejiang Sanmei, if Commerce
rescinds the review for this company in
the final results, then antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, during the POR, in
accordance with 19 CFR
351.212(c)(1)(i).
Finally, for Huantai Dongyue, the
respondent for which we are rescinding
the review, antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the POR, in
accordance with 19 CFR
351.212(c)(1)(i).
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
review and for future deposits of
13 See
19 CFR 351.106(c)(2).
14 Id.
15 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices
estimated antidumping duties, where
applicable.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of
administrative review for all shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on, or after, the
publication date of the final results of
review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for Qingsong will be equal
to the weighted-average dumping
margin established in the final results of
this review (except, if the dumping
margin is zero or de minimis, then the
cash deposit rate will be zero); (2) for a
previously investigated or reviewed
exporter of subject merchandise not
listed in the final results of review that
has a separate rate, the cash deposit rate
will continue to be the exporter’s
existing cash deposit rate; (3) for all
Chinese exporters of subject
merchandise that do not have a separate
rate, the cash deposit rate will be the
cash deposit rate established for the
China-wide entity, 221.06 percent; 16
and (4) for all exporters of subject
merchandise that are not located in
China and that are not eligible for a
separate rate, the cash deposit rate will
be the rate applicable to the China
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.17
Public Comment
Interested parties may submit case
briefs to Commerce no later than seven
days after the date of the verification
report issued in this administrative
16 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019).
17 See 19 CFR 351.224(b).
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21:13 Apr 05, 2023
Jkt 259001
review.18 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
time limit for filing case briefs.19 Parties
who submit case briefs or rebuttal briefs
in this proceeding are encouraged to
submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.20 Case and rebuttal
briefs should be filed using ACCESS.21
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.22 Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.23
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Intent to Rescind, In Part
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–07113 Filed 4–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results.
Final Results
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication of
these preliminary results in the Federal
Register, unless otherwise extended.24
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(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.
18 See
19 CFR 351.309(c).
is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
20 See 19 CFR 351.309(c)(2) and (d)(2).
21 See 19 CFR 351.303.
22 See 19 CFR 351.310(c).
23 See 19 CFR 351.310(d).
24 See section 751(a)(3)(A) of the Act.
19 Commerce
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International Trade Administration
[A–570–122]
Certain Corrosion Inhibitors From the
People’s Republic of China:
Preliminary Results and Partial
Rescission of the Antidumping Duty
Administrative Review; 2020–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers and/
or exporters made sales of certain
corrosion inhibitors (corrosion
inhibitors) at less than normal value
during the period of review (POR)
September 10, 2020, through February
28, 2022. Additionally, Commerce is
rescinding this review with respect to
Dandee Hong Kong Holdings Ltd., CAC
Shanghai Chemical Co., Ltd., Jiangsu
Bohan Industry Trade Co., Ltd., Jiangsu
Yangnong Chemical Group Co., Ltd.,
Jiangyin Gold Fuda Chemical Co., Ltd.,
Nanjing Innochem Co., Ltd., and Xingji
Xi Chen Re Neng Co., Ltd. Interested
parties are invited to comment on these
preliminary results of review.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla and Dusten Hom, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
E:\FR\FM\06APN1.SGM
06APN1
]]>Agencies
[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20486-20488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07113]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-121]
Difluoromethane From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review, Partial Rescission,
and Preliminary Intent To Rescind, in Part, of Antidumping Duty
Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole mandatory respondent under review made sales
of difluoromethane (R-32) from the People's Republic of China (China)
below normal value (NV) during the period of review (POR).
Additionally, we are rescinding this review with respect to Huantai
Dongyue International Trade Co., Ltd. (Huantai Dongyue) and
preliminarily rescinding this review with respect to Zhejiang Sanmei
Chemical Ind. Co., Ltd. (Zhejiang Sanmei). Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Gill, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5673.
SUPPLEMENTARY INFORMATION:
Background
On May 13, 2022, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of
the antidumping duty order on R-32 from China.\1\ The POR is August 27,
2020, through February 28, 2022. On November 2, 2022, we extended the
preliminary results of this review to no later than March 31, 2023.\2\
For a complete description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 29280 (May 13, 2022); see also
Difluoromethane (R-32) from the People's Republic of China:
Antidumping Duty Order, 86 FR 13886 (March 11, 2021) (Order).
\2\ See Memorandum, ``Difluoromethane (R-32) from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review, 2020-2022,'' dated November
2, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of
Difluoromethane (R-32) from the People's Republic of China; 2020-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is difluoromethane (R-32), or
its chemical equivalent, regardless of form, type, or purity level.\4\
R-32 is classified under Harmonized Tariff Schedule of the United
States (HTSUS) subheading 2903.39.2035. Other merchandise subject to
the scope may be classified under 2903.39.2045 and 3824.78.0020. While
HTSUS subheadings are provided
[[Page 20487]]
for convenience and customs purposes, the written description of the
subject merchandise is dispositive.
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On July
20, 2022, Huantai Dongyue timely withdrew its request for an
administrative review.\5\ Because no other party requested a review of
Huantai Dongyue, we are rescinding the administrative review for this
company in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\5\ See Huantai Dongyue's Letter, ``Withdrawal of Request for
Administrative Review'' dated July 20, 2022.
---------------------------------------------------------------------------
Preliminary Intent To Rescind, in Part
It is Commerce's practice to rescind an administrative review
pursuant to 19 CFR 351.213(d)(3) when there are no reviewable entries
of subject merchandise during the POR subject to the antidumping duty
order and for which liquidation is suspended.\6\ At the end of an
administrative review, suspended entries are liquidated at the
assessment rate computed for the review period.\7\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate.
---------------------------------------------------------------------------
\6\ See, e.g., Solid Fertilizer Grade Ammonium Nitrate from the
Russian Federation: Notice of Rescission of Antidumping Duty
Administrative Review, 77 FR 65532 (October 29, 2012); see also
Forged Steel Fittings from Taiwan: Preliminary Intent To Rescind the
Antidumping Duty Administrative Review; 2018-2019, 85 FR 44503 (July
23, 2020), unchanged in Forged Steel Fittings from Taiwan:
Rescission of Antidumping Duty Administrative Review; 2018-2019, 85
FR 71317 (November 9, 2020).
\7\ See 19 CFR 351.212(b)(l).
---------------------------------------------------------------------------
While Zhejiang Sanmei requested an administrative review of
itself,\8\ the U.S. Customs and Border Protection Data (CBP) data on
the record of this review show no evidence that Zhejiang Sanmei had
suspended entries of subject merchandise during the POR,\9\ and we
received confirmation of this from CBP.\10\ As the record contains no
evidence of reviewable entries for Zhejiang Sanmei, we are
preliminarily rescinding the review with respect to Zhejiang Sanmei in
accordance with 19 CFR 351.213(d)(3).\11\
---------------------------------------------------------------------------
\8\ See Zhejiang Sanmei's Letter, ``Request for Administrative
Review,'' dated March 31, 2022.
\9\ See Memorandum, ``Release of Customs Entry Data from U.S.
Customs and Border Protection (CBP),'' dated May 16, 2022.
\10\ See Memorandum, ``No Shipment Inquiry with Respect to
{Zhejiang Sanmei{time} During the Period 08/27/2020 Through 02/28/
2022,'' dated March 20, 2023.
\11\ For additional information regarding this preliminary
intent to rescind, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Preliminary Affiliation and Single Entity Determination
Based on record evidence in this review, Commerce preliminarily
finds that the following companies are affiliated, pursuant to section
771(33)(F) of the Tariff Act of 1930, as amended (the Act): Taizhou
Qingsong Refrigerant New Material Co., Ltd. (Taizhou Qingsong), Taixing
Meilan New Materials Co., Ltd. (Taixing Meilan), and Jiangsu Meilan
Chemical Co., Ltd. Furthermore, pursuant to 19 CFR 351.401(f)(1)-(2),
we find that Taizhou Qingsong and Taixing Meilan should be treated as a
single entity (collectively, Qingsong). For additional information, see
the Affiliation and Collapsing Memorandum.\12\
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\12\ See Memorandum, ``Affiliation and Single Entity Status--
Taizhou Qingsong Refrigerant New Materials Co., Ltd. and Taixing
Meilan New Materials Co., Ltd.,'' dated concurrently with this
memorandum (Affiliation and Collapsing Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an Appendix to this notice.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period August 27, 2020, through February
28, 2022:
------------------------------------------------------------------------
Weighted-
average dumping
Producer or exporter margin
(percent)
------------------------------------------------------------------------
Taizhou Qingsong Refrigerant New Material Co., Ltd.; 160.65
Taixing Meilan New Materials Co., Ltd.................
------------------------------------------------------------------------
Assessment Rates
Upon issuing the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\13\
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\13\ See 19 CFR 351.106(c)(2).
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Pursuant to 19 CFR 351.212(b)(1), Commerce calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those sales. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.\14\
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\14\ Id.
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Pursuant to Commerce's assessment practice,\15\ for entries that
were not reported in the U.S. sales data submitted by Qingsong, we will
instruct CBP to liquidate such entries at the China-wide rate. For
Zhejiang Sanmei, if Commerce rescinds the review for this company in
the final results, then antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption,
during the POR, in accordance with 19 CFR 351.212(c)(1)(i).
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\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Finally, for Huantai Dongyue, the respondent for which we are
rescinding the review, antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption,
during the POR, in accordance with 19 CFR 351.212(c)(1)(i).
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the review and
for future deposits of
[[Page 20488]]
estimated antidumping duties, where applicable.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the publication date of the final results
of review, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Qingsong will be equal to the weighted-average
dumping margin established in the final results of this review (except,
if the dumping margin is zero or de minimis, then the cash deposit rate
will be zero); (2) for a previously investigated or reviewed exporter
of subject merchandise not listed in the final results of review that
has a separate rate, the cash deposit rate will continue to be the
exporter's existing cash deposit rate; (3) for all Chinese exporters of
subject merchandise that do not have a separate rate, the cash deposit
rate will be the cash deposit rate established for the China-wide
entity, 221.06 percent; \16\ and (4) for all exporters of subject
merchandise that are not located in China and that are not eligible for
a separate rate, the cash deposit rate will be the rate applicable to
the China exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\16\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019).
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\17\
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\17\ See 19 CFR 351.224(b).
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Public Comment
Interested parties may submit case briefs to Commerce no later than
seven days after the date of the verification report issued in this
administrative review.\18\ Rebuttal briefs, limited to issues raised in
the case briefs, may be filed no later than seven days after the time
limit for filing case briefs.\19\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\20\ Case and rebuttal briefs
should be filed using ACCESS.\21\
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\18\ See 19 CFR 351.309(c).
\19\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
\21\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS within 30 days after the date of publication of this notice.\22\
Hearing requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, parties will be notified of the time and date for the
hearing.\23\
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\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\24\
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\24\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(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)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Intent to Rescind, In Part
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-07113 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P
