1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Determination of No Shipments; 2021-2022, 27861-27864 [2023-09349]
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Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Notices
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is June
12, 2023.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov.
Dated: April 27, 2023.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2023–09351 Filed 5–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–834–811]
Silicon Metal From Kazakhstan:
Rescission of Countervailing Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding the
administrative review of the
countervailing duty (CVD) order on
silicon metal from the Republic of
Kazakhstan (Kazakhstan) for the period
of review (POR) December 3, 2020,
through December 31, 2021.
DATES: Applicable May 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, 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) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
lotter on DSK11XQN23PROD with NOTICES1
On April 1, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the CVD order
on silicon metal from Kazakhstan.1 On
June 9, 2022, pursuant to a request from
interested parties, Commerce initiated
an administrative review with respect to
JSC NMC Tau-Ken Samruk and Tau-Ken
Temir LLP (collectively, TKT),2 in
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 87 FR 35165
(April 1, 2022).
2 See Silicon Metal from the Republic of
Kazakhstan: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 85 FR 78122 (December 3, 2020),
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Jkt 259001
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b).3 On June 22,
2022, we placed on the record U.S.
Customs and Border Protection (CBP)
data for entries of silicon metal from
Kazakhstan during the POR, showing no
reviewable POR entries.4 We sought
comments regarding the data and
indicated our intent to rescind this
review.5 TKT, the Government of
Kazakhstan (GOK), and the petitioners 6
filed comments and rebuttal comments.7
No parties argued that there are any
reviewable POR entries of subject
merchandise. For a full discussion of
the comments raised by interested
parties and our analysis, see the
Rescission Memorandum.8
Rescission of Review
It is Commerce’s practice to rescind
an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.9
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the CVD
assessment rate calculated for the
review period.10 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
and accompanying Preliminary Decision
Memorandum at 6, unchanged in Silicon Metal
from the Republic of Kazakhstan: Final Affirmative
Countervailing Duty Determination, 86 FR 11725
(February 26, 2021).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022).
4 See Memorandum, ‘‘CBP Data Release and
Intent to Rescind,’’ dated June 22, 2022.
5 Id.
6 The petitioners in this proceeding are Globe
Specialty Metals, Inc. and Mississippi Silicon LLC.
7 See TKT’s Letters, ‘‘Tau-Ken Temir LLP (TKT)
Comments on Intent to Rescind,’’ dated July 13,
2022; ‘‘Silicon Metal from Kazakhstan,’’ and ‘‘TauKen Temir LLP (TKT) Comments on Intent to
Rescind,’’ dated July 18, 2022; and ‘‘Silicon Metal
from Kazakhstan—This CVD Administrative
Review Should Continue,’’ dated August 1, 2022;
see also the GOK’s Letter, ‘‘Rebuttal Comments,’’
dated July 20, 2022; and Petitioners’ Letters,
‘‘Petitioners’ Rebuttal Comments Supporting
Commerce’s Intent to Rescind the Administrative
Review,’’ dated July 20, 2022; and ‘‘Petitioners’
Request to Reject TKT’s August 1 Submission,’’
dated August 3, 2022.
8 See Memorandum, ‘‘First Administrative
Review of the Countervailing Duty Order on Silicon
Metal from the Republic of Kazakhstan: Rescission
of the Review,’’ dated concurrently with this notice
(Rescission Memorandum).
9 See Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Aluminum
Wire and Cable from the People’s Republic of
China: Rescission of Countervailing Duty
Administrative Review; 2019, 86 FR 36522 (July 12,
2021).
10 See 19 CFR 351.212(b)(2).
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entry that Commerce can instruct CBP
to liquidate at the CVD assessment rate
calculated for the review period.11
Accordingly, in the absence of
suspended entries of subject
merchandise during the POR for TKT,
we are hereby rescinding this
administrative review in accordance
with 19 CFR 351.213(d)(3).
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: April 27, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–09395 Filed 5–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–044]
1,1,1,2-Tetrafluoroethane (R–134a)
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review, Partial
Rescission, and Preliminary
Determination of No Shipments; 2021–
2022
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 sold subject
merchandise at less than normal value
(NV) during the period of review (POR)
April 1, 2021, through March 31, 2022.
Additionally, Commerce preliminarily
finds that one company had no
shipments of subject merchandise
during the POR and that it is
appropriate to rescind this review with
AGENCY:
11 See
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19 CFR 351.213(d)(3).
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Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Notices
respect to 22 companies because all
requests for review of these companies
were withdrawn. Interested parties are
invited to comment on these
preliminary results.
DATES:
Applicable May 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0012.
SUPPLEMENTARY INFORMATION:
Background
lotter on DSK11XQN23PROD with NOTICES1
On April 19, 2017, Commerce
published in the Federal Register the
antidumping duty (AD) order on 1,1,1,2Tetrafluoroethane (R–134a) from the
People’s Republic of China (China).1 On
June 9, 2022, pursuant to section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated
an administrative review of Order.2 The
review covers 25 companies, including
mandatory respondent Zhejiang Sanmei
Chemical Ind. Co., Ltd. (Zhejiang
Sanmei).3
For events that occurred since the
Initiation Notice and the analysis
behind the preliminary results herein,
see the Preliminary Decision
Memorandum.4 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
topics discussed in the Preliminary
Decision Memorandum is included as
Appendix I to this notice.
Separate Rates
The product covered by the Order is
R–134a from China. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
We preliminarily determine that the
Zhejiang Sanmei single entity is entitled
to separate rate status. Moreover,
because Zhejiang Quhua did not submit
a separate rate application or
certification, we preliminarily find that
the company has not established its
eligibility for a separate rate.
Partial Rescission of Review
The China-Wide Entity
Pursuant to 19 CFR 351.213(d)(1),
Commerce 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 the notice of
initiation of the requested review. On
September 7, 2022, the American HFC
Coalition (the petitioner) timely
withdrew its review request for 22
companies listed in the Initiation
Notice. No other parties requested a
review of these companies. Accordingly,
pursuant to 19 CFR 351.213(d)(1),
Commerce is rescinding the
administrative review with respect to
the companies listed in Appendix II.
Zhejiang Sanmei, T.T. International Co.,
Ltd. (TTI), and Zhejiang Quhua FluorChemistry Co., Ltd. (Zhejiang Quhua)
remain under review.6
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.8 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, the
entity is not under review, and the
entity’s rate, i.e., 167.02 percent, is not
subject to change.9 Because Zhejiang
Quhua did not establish its eligibility
for a separate rate in this administrative
review, we preliminarily consider
Zhejiang Quhua to be part of the Chinawide entity.
Scope of the Order 5
Preliminary Determination of No
Shipments
We preliminarily determine that TTI
had no shipments of subject
merchandise during the POR. Consistent
with our practice in non-market
economy (NME) cases, Commerce is not
rescinding this review with respect to
TTI but, rather, we intend to complete
the review and issue appropriate
instructions to U.S. Customs and Border
Protection (CBP) based on the final
results of the review.7 For further
discussion, see the Preliminary Decision
Memorandum.
Methodology
We are conducting this administrative
review in accordance with section
751(a)(1)(B) of the Act and 19 CFR
351.213. We calculated export prices for
Zhejiang Sanmei in accordance with
section 772(a) of the Act. Because China
is an NME within the meaning of
section 771(18) of the Act, we calculated
NV in accordance with section 773(c) of
the Act. For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period April 1,
2021, through March 31, 2022:
Exporter
Weightedaverage
dumping
margin
(percent)
Zhejiang Sanmei Chemical Ind. Co., Ltd./Jiangsu Sanmei Chemical Ind. Co., Ltd./Fujian Qingliu Dongying Chemical Ind. Co. Ltd ....
147.08
1 See 1,1,1,2-Tetrafluoroethane (R–134a) from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 18422 (April 19, 2017) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022) (Initiation Notice).
3 We have preliminarily determined to treat
Zhejiang Sanmei, Jiangsu Sanmei Chemical Ind.
Co., Ltd. (Jiangsu Sanmei), and Fujian Qingliu
Dongying Chemical Ind. Co., Ltd. (Fujian Qingliu)
as a single entity for purposes of this administrative
review. For further discussion, see Memorandum,
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‘‘Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review:
1,1,1,2-Tetrafluoroethane (R–134a) from the
People’s Republic of China; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Preliminary Decision Memorandum.
5 See Order.
6 See Preliminary Decision Memorandum; see
also Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review of Antidumping
Duty Order,’’ dated September 7, 2022.
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7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME AD
Assessment).
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
9 See Order, 82 FR at 18423.
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Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results in accordance
with 19 CFR 351.224(b). Interested
parties may submit case briefs no later
than 30 days after the date of
publication of these preliminary results
of review.10 Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this review 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. Executive
summaries should be limited to five
pages total, including footnotes. 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, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically via
Commerce’s electric records system,
ACCESS. An electronically-filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.15 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.16 Parties should
confirm by telephone the date and time
10 See
19 CFR 351.309(c).
19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’).
12 See generally 19 CFR 351.303.
13 See 19 CFR 351.303(f).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310(d).
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11 See
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of the hearing two days before the
scheduled date.
Unless otherwise extended, we intend
to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case and rebuttal
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b)(1). Commerce intends to
issue assessment instructions to CBP 35
days after the publication of the final
results of this review. 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).
If the ad valorem weighted-average
dumping margin for the Zhejiang
Sanmei, Jiangsu Sanmei, and Fujian
Qingliu single entity is not zero or de
minimis (i.e., less than 0.50 percent) in
the final results of this review,
Commerce will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales and the total quantity of those
sales, in accordance with 19 CFR
351.212(b)(1).17 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate calculated in
the final results of this review is not
zero or de minimis.
In addition, if in the final results we
continue to find no shipments of subject
merchandise for TTI, any suspended
entries of subject merchandise
associated with TTI will be liquidated at
the China-wide rate.18
For the companies for which the
administrative review is rescinded,
antidumping duties shall be assessed at
a rate equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
17 In
these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
18 See NME AD Assessment.
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27863
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). We intend to issue
appropriate assessment instructions to
CBP with respect to the companies for
which this administrative review is
rescinded 35 days after the publication
of this notice in the Federal Register.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for all shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the Zhejiang Sanmei,
Jiangsu Sanmei, and Fujian Qingliu
single entity will be that rate established
in the final results of this review
(except, if the rate is de minimis, then
a cash deposit rate of zero will be
required); (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
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate for the China-wide entity
(i.e., 167.02 percent); and (4) for all
exporters of subject merchandise that
are not located in China and are not
eligible for a separate rate, the cash
deposit rate will be the rate applicable
to the Chinese exporter(s) that supplied
that non-Chinese exporter. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 the
preliminary results of this review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR
351.213(d)(4), 19 CFR 351.213(h)(1), and
19 CFR 351.221(b)(4).
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Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Notices
Dated: April 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
DEPARTMENT OF COMMERCE
Appendix I
Certain Freight Rail Couplers and Parts
Thereof From Mexico: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value Preliminary
Negative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of
Provisional Measures
International Trade Administration
[A–201–857]
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Respondent Selection
VI. Partial Rescission of Administrative
Review
VII. Preliminary Determination of No
Shipments
VIII. Single Entity Treatment
IX. Discussion of the Methodology
X. Recommendation
Appendix II
Companies for Which the Administrative
Review Is Being Rescinded
1. Electrochemical Factory of Zhejiang Juhua
Co., Ltd.
2. Fujian Qingliu Dongying Chemical Ind.
Co., Ltd.
3. Hongkong Richmax Ltd.
4. Huantai Dongyue International Trade Co.
Ltd.
5. Jiangsu Bluestar Green Technology Co.,
Ltd.
6. Jiangsu Sanmei Chemicals Co., Ltd.
7. Jinhua Binglong Chemical Technology Co.,
Ltd.
8. Jinhua Yonghe Fluorochemical Co., Ltd.
9. Puremann, Inc.
10. Shandong Dongyue Chemical Co., Ltd.
11. Shandong Huaan New Material Co., Ltd.
12. Sinochem Environmental Protection
Chemicals (Taicang) Co., Ltd.
13. Weitron International Refrigeration
Equipment (Kunshan) Co., Ltd. (aka
Weichang Refrigeration Equipment
(Kunshan) Co., Ltd.)
14. Zhejiang Juhua Co., Ltd.
15. Zhejiang Morita New Materials Co., Ltd.
16. Zhejiang Organic Fluor-Chemistry Plant,
Zhejiang Juhua Co., Ltd.
17. Zhejiang Quhua Juxin Fluorochemical
Industry Co., Ltd.
18. Zhejiang Quzhou Juxin Fluorine
Chemical Co., Ltd.
19. Zhejiang Quzhou Lianzhou Refrigerants
Co., Ltd.
20. Zhejiang Yonghe Refrigerant Co., Ltd.
21. Zhejiang Zhonglan Refrigeration
Technology Co., Ltd.
22. Zibo Feiyuan Chemical Co., Ltd.
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[FR Doc. 2023–09349 Filed 5–2–23; 8:45 am]
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Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain freight rail
couplers and parts thereof (freight rail
couplers) from Mexico are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is July 1, 2021,
through June 30, 2022. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable May 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hall-Eastman, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1468.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 25, 2022.1 On February 10,
2023, Commerce postponed the
preliminary determination of this
investigation until April 26, 2023.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
1 See Certain Freight Rail Couplers and Parts
Thereof from the People’s Republic of China and
Mexico: Initiation of Less-Than-Fair-Value
Investigations, 87 FR 64444 (October 25, 2022)
(Initiation Notice).
2 See Certain Freight Rail Couplers and Parts
Thereof From Mexico: Postponement of Preliminary
Determination in the Less-Than-Fair-Value
Investigation, 88 FR 10092 (February 16, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Freight Rail
Couplers and Parts Thereof from Mexico’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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II 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 Investigation
The products covered by this
investigation are freight rail couplers
from Mexico. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce preliminarily modified the
scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice. Commerce
established a separate briefing schedule
for interested parties to address the
preliminary scope determination.7
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Freight Rail Couplers from
Mexico and the People’s Republic of China:
Preliminary Scope Decision Memorandum,’’ dated
March 28, 2023 (Preliminary Scope Decision
Memorandum).
7 Id. at 3.
E:\FR\FM\03MYN1.SGM
03MYN1
]]>Agencies
[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Pages 27861-27864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09349]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-044]
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission, and Preliminary Determination of No Shipments;
2021-2022
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 sold subject
merchandise at less than normal value (NV) during the period of review
(POR) April 1, 2021, through March 31, 2022. Additionally, Commerce
preliminarily finds that one company had no shipments of subject
merchandise during the POR and that it is appropriate to rescind this
review with
[[Page 27862]]
respect to 22 companies because all requests for review of these
companies were withdrawn. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable May 3, 2023.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2017, Commerce published in the Federal Register the
antidumping duty (AD) order on 1,1,1,2-Tetrafluoroethane (R-134a) from
the People's Republic of China (China).\1\ On June 9, 2022, pursuant to
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative review of Order.2 The
review covers 25 companies, including mandatory respondent Zhejiang
Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei).\3\
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\1\ See 1,1,1,2-Tetrafluoroethane (R-134a) from the People's
Republic of China: Antidumping Duty Order, 82 FR 18422 (April 19,
2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022) (Initiation
Notice).
\3\ We have preliminarily determined to treat Zhejiang Sanmei,
Jiangsu Sanmei Chemical Ind. Co., Ltd. (Jiangsu Sanmei), and Fujian
Qingliu Dongying Chemical Ind. Co., Ltd. (Fujian Qingliu) as a
single entity for purposes of this administrative review. For
further discussion, see Memorandum, ``Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review:
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of
China; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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For events that occurred since the Initiation Notice and the
analysis behind the preliminary results herein, see the Preliminary
Decision Memorandum.\4\ 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 topics
discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice.
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\4\ See Preliminary Decision Memorandum.
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Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Order.
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The product covered by the Order is R-134a from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce 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 the notice of initiation of the requested review. On
September 7, 2022, the American HFC Coalition (the petitioner) timely
withdrew its review request for 22 companies listed in the Initiation
Notice. No other parties requested a review of these companies.
Accordingly, pursuant to 19 CFR 351.213(d)(1), Commerce is rescinding
the administrative review with respect to the companies listed in
Appendix II. Zhejiang Sanmei, T.T. International Co., Ltd. (TTI), and
Zhejiang Quhua Fluor-Chemistry Co., Ltd. (Zhejiang Quhua) remain under
review.\6\
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\6\ See Preliminary Decision Memorandum; see also Petitioner's
Letter, ``Partial Withdrawal of Request for Administrative Review of
Antidumping Duty Order,'' dated September 7, 2022.
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Preliminary Determination of No Shipments
We preliminarily determine that TTI had no shipments of subject
merchandise during the POR. Consistent with our practice in non-market
economy (NME) cases, Commerce is not rescinding this review with
respect to TTI but, rather, we intend to complete the review and issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
based on the final results of the review.\7\ For further discussion,
see the Preliminary Decision Memorandum.
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
AD Assessment).
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Separate Rates
We preliminarily determine that the Zhejiang Sanmei single entity
is entitled to separate rate status. Moreover, because Zhejiang Quhua
did not submit a separate rate application or certification, we
preliminarily find that the company has not established its eligibility
for a separate rate.
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\8\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, the entity is not
under review, and the entity's rate, i.e., 167.02 percent, is not
subject to change.\9\ Because Zhejiang Quhua did not establish its
eligibility for a separate rate in this administrative review, we
preliminarily consider Zhejiang Quhua to be part of the China-wide
entity.
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\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\9\ See Order, 82 FR at 18423.
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Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated
export prices for Zhejiang Sanmei in accordance with section 772(a) of
the Act. Because China is an NME within the meaning of section 771(18)
of the Act, we calculated NV in accordance with section 773(c) of the
Act. For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period April 1, 2021, through March 31,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Zhejiang Sanmei Chemical Ind. Co., Ltd./Jiangsu Sanmei 147.08
Chemical Ind. Co., Ltd./Fujian Qingliu Dongying Chemical
Ind. Co. Ltd..............................................
------------------------------------------------------------------------
[[Page 27863]]
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\10\ Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than seven days after the deadline date for
case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs in this review 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. Executive
summaries should be limited to five pages total, including footnotes.
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\
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\10\ See 19 CFR 351.309(c).
\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\12\ See generally 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically via Commerce's electric records system, ACCESS. An
electronically-filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\15\ Requests should contain the party's
name, address, and telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined.\16\ Parties
should confirm by telephone the date and time of the hearing two days
before the scheduled date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce
intends to issue assessment instructions to CBP 35 days after the
publication of the final results of this review. 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).
If the ad valorem weighted-average dumping margin for the Zhejiang
Sanmei, Jiangsu Sanmei, and Fujian Qingliu single entity is not zero or
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\17\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific ad valorem assessment rate calculated
in the final results of this review is not zero or de minimis.
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\17\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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In addition, if in the final results we continue to find no
shipments of subject merchandise for TTI, any suspended entries of
subject merchandise associated with TTI will be liquidated at the
China-wide rate.\18\
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\18\ See NME AD Assessment.
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For the companies for which the administrative review is rescinded,
antidumping duties shall be assessed at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i). We intend to issue appropriate assessment
instructions to CBP with respect to the companies for which this
administrative review is rescinded 35 days after the publication of
this notice in the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rate for the Zhejiang Sanmei, Jiangsu Sanmei, and Fujian Qingliu single
entity will be that rate established in the final results of this
review (except, if the rate is de minimis, then a cash deposit rate of
zero will be required); (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 have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity (i.e., 167.02 percent); and (4) for all exporters
of subject merchandise that are not located in China and are not
eligible for a separate rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
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 the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
and 19 CFR 351.213(d)(4), 19 CFR 351.213(h)(1), and 19 CFR
351.221(b)(4).
[[Page 27864]]
Dated: April 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Respondent Selection
VI. Partial Rescission of Administrative Review
VII. Preliminary Determination of No Shipments
VIII. Single Entity Treatment
IX. Discussion of the Methodology
X. Recommendation
Appendix II
Companies for Which the Administrative Review Is Being Rescinded
1. Electrochemical Factory of Zhejiang Juhua Co., Ltd.
2. Fujian Qingliu Dongying Chemical Ind. Co., Ltd.
3. Hongkong Richmax Ltd.
4. Huantai Dongyue International Trade Co. Ltd.
5. Jiangsu Bluestar Green Technology Co., Ltd.
6. Jiangsu Sanmei Chemicals Co., Ltd.
7. Jinhua Binglong Chemical Technology Co., Ltd.
8. Jinhua Yonghe Fluorochemical Co., Ltd.
9. Puremann, Inc.
10. Shandong Dongyue Chemical Co., Ltd.
11. Shandong Huaan New Material Co., Ltd.
12. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
13. Weitron International Refrigeration Equipment (Kunshan) Co.,
Ltd. (aka Weichang Refrigeration Equipment (Kunshan) Co., Ltd.)
14. Zhejiang Juhua Co., Ltd.
15. Zhejiang Morita New Materials Co., Ltd.
16. Zhejiang Organic Fluor-Chemistry Plant, Zhejiang Juhua Co., Ltd.
17. Zhejiang Quhua Juxin Fluorochemical Industry Co., Ltd.
18. Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.
19. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.
20. Zhejiang Yonghe Refrigerant Co., Ltd.
21. Zhejiang Zhonglan Refrigeration Technology Co., Ltd.
22. Zibo Feiyuan Chemical Co., Ltd.
[FR Doc. 2023-09349 Filed 5-2-23; 8:45 am]
BILLING CODE 3510-DS-P
