Hydrofluorocarbon Blends From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2021-2022, 25566-25567 [2024-07680]
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25566
Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Notices
Dated: April 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Jingye’s and Ulix’s
Information Is Reliable to Determine No
Shipments
Comment 2: Whether Commerce Should
Grant Jingye and Ulix a Separate Rate
V. Recommendation
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix II—Companies Considered
To Be Part of the China-Wide Entity
1. Dalian Yonghseng Metal Structure Co.,
Ltd. d/b/a DYM Brewing Solutions
2. Equipmentimes (Dalian) E-Commerce Co.,
Ltd.
3. Guangzhou Jingye Machinery Co., Ltd.
4. Guangzhou Ulix Industrial & Trading Co.,
Ltd.
5. Jinan Chenji International Trade Co., Ltd.
6. Jinan Chenji Machinery Equipment Co.,
Ltd.
7. Jinan HaoLu Machinery Equipment Co.,
Ltd.
8. Jinjiang Jiaxing Import and Export Co., Ltd.
9. NDL Keg Qingdao Inc.
10. Ningbo All In Brew Technology Co.
11. Ningbo BestFriends Beverage Containers
Industry Co., Ltd.
12. Ningbo Chance International Trade Co.,
Ltd.
13. Ningbo Direct Import & Export Co., Ltd.
14. Ningbo Haishu Direct Import and Export
Trade Co., Ltd.
15. Ningbo Haishu Xiangsheng Metal Factory
16. Ningbo Hefeng Container Manufacturer
Co., Ltd.
17. Ningbo Hefeng Kitchen Utensils
Manufacture Co., Ltd.
18. Ningbo HGM Food Machinery Co., Ltd.
19. Ningbo Jiangbei Bei Fu Industry and
Trade Co., Ltd.
20. Ningbo Kegco International Trade Co.,
Ltd.
21. Ningbo Kegstorm Stainless Steel Co., Ltd.
22. Ningbo Minke Import & Export Co., Ltd.
23. Ningbo Sanfino Import & Export Co., Ltd.
24. Ningbo Shimaotong International Co.,
Ltd.
25. Ningbo Sunburst International Trading
Co., Ltd.
26. Orient Equipment (Taizhou) Co., Ltd.
27. Penglai Jinfu Stainless Steel Products.
28. Pera Industry Shanghai Co., Ltd.
29. Qingdao Henka Precision Technology
Co., Ltd.
30. Qingdao Xinhe Precision Manufacturing
Co., Ltd.
31. Rain Star International Trading Dalian
Co., Ltd.
32. Shandong Meto Beer Equipment Co., Ltd.
33. Shandong Tiantai Beer Equipment Co.,
Ltd.
34. Shandong Tonsen Equipment Co., Ltd.
35. Shandong Yuesheng Beer Equipment Co.,
VerDate Sep<11>2014
16:50 Apr 10, 2024
Jkt 262001
Ltd.
36. Shenzhen Wellbom Technology Co., Ltd.
37. Sino Dragon Group, Ltd.
38. Wenzhou Deli Machinery Equipment Co.
39. Wuxi Taihu Lamps and Lanterns Co., Ltd.
40. Yantai Toptech Ltd.
41. Yantai Trano New Material Co., Ltd., d/
b/a Trano Keg, d/b/a SS Keg.
[FR Doc. 2024–07671 Filed 4–10–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Hydrofluorocarbon Blends From the
People’s Republic of China: Amended
Final Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty order on
hydrofluorocarbon blends (HFC blends)
from the People’s Republic of China
(China) to correct ministerial errors.
Based on the amended final results, we
find that the sole mandatory
respondent, Zhejiang Sanmei Chemical
Industry Co., Ltd. (Sanmei) sold HFC
blends in the United States at less than
normal value (NV) during the period of
review (POR) August 1, 2021, through
July 31, 2022.
DATES: Applicable April 11, 2024.
FOR FURTHER INFORMATION CONTACT: Jerry
Xiao, 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) 482–2273.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 8, 2024, Commerce
published in the Federal Register the
final results of the 2021–2022
administrative review of the AD order
on HFC blends from China.1 On March
6, 2024, Commerce disclosed its
calculations and provided interested
parties with the opportunity to submit
ministerial error comments.2 On March
8 and 11, 2024, Sanmei, the sole
mandatory respondent in this
1 See Hydrofluorocarbon Blends from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2021–2022, 89 FR
16726 (March 8, 2024) (Final Results), and
accompanying Issues and Decision Memorandum.
2 See Memorandum, ‘‘Deadline to Submit
Ministerial Error Allegations,’’ dated March 6, 2024.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
administrative review and the American
HFC Coalition (the petitioner),
respectively, timely submitted
allegations of ministerial errors in the
Final Results.3 On March 13, 2024, the
petitioner submitted rebuttal comments
regarding Sanmei’s ministerial error
allegation.4 Commerce is amending the
Final Results to correct these ministerial
errors.
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 5 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review.’’
Ministerial Error
Commerce determined that it made
inadvertent errors within the meaning of
section 751(h) of the Act and 19 CFR
351.224(f) with respect to certain
calculations regarding the following: (1)
a surrogate freight cost for a utility
input; (2) the resulting total value of that
input; and (3) the value of
perchloroethylene, an input used to
make HFC blends. Accordingly, we
determine, in accordance with section
751(h) of the Act and 19 CFR 351.224(f),
that we made ministerial errors in the
Final Results. Pursuant to 19 CFR
351.224(e), we are amending the Final
Results to correct these errors. These
corrections result in a change to
Sanmei’s weighted-average dumping
margin. For a complete description and
analysis of the specific inadvertent
errors and a discussion of the
ministerial error allegations, see the
accompanying Ministerial Error
Allegation Memorandum.6 The
Ministerial Error Allegation
3 See Sanmei’s Letter, ‘‘Zhejiang Sanmei’s
Ministerial Error Comments,’’ dated March 8, 2024;
see also Petitioner’s Letter, ‘‘HFC Coalition’s
Ministerial Error Allegation,’’ dated March 11,
2024.
4 See Petitioner’s Letter, ‘‘HFC Coalition’s
Rebuttal to Sanmei’s Ministerial Error Allegation,’’
dated March 13, 2024.
5 See 19 CFR 351.224(f).
6 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Hydrofluorocarbon
Blends from the People’s Republic of China; 2021–
2022: Ministerial Error Allegation in the Final
Results,’’ dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
E:\FR\FM\11APN1.SGM
11APN1
Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Notices
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.
Amended Final Results of Review
As a result of correcting these
ministerial errors, Commerce
determines that the following estimated
weighted-average dumping margin
exists for the period August 1, 2021,
through July 31, 2022:
Weightedaverage
dumping
margin
(percent)
Exporter
Zhejiang Sanmei Chemical Industry Co., Ltd ........................
96.94
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these amended final results of
review to interested parties within five
days after public announcement of the
amended final results or, if there is no
public announcement, within five days
of the date of publication of the notice
of amended final results in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
amended final results of this review.
For Sanmei, Commerce calculated
importer-specific assessment rates for
antidumping duties, in accordance with
19 CFR 351.212(b)(1). Where the
respondent reported reliable entered
values, Commerce calculated importerspecific ad valorem assessment rates by
aggregating the amount of dumping
calculated for all U.S. sales to the
importer and dividing this amount by
the total entered value of the
merchandise sold to the importer.
Where the respondent did not report
entered values, we calculated importerspecific assessment rates by dividing the
amount of dumping for reviewed sales
to the importer by the total quantity of
those sales. Commerce will calculate an
estimated ad valorem importer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
VerDate Sep<11>2014
16:50 Apr 10, 2024
Jkt 262001
entered values were not reported. Where
an importer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.7
For entries that were not reported in
the U.S. sales database submitted by
Sanmei, Commerce will instruct CBP to
liquidate such entries at the China-wide
rate.8
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the amended 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 amended cash deposit
requirements will be effective
retroactively upon publication of the
amended final results of this
administrative 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 by section
751(a)(2)(C) of the Act: (1) for the
exporter listed above, Sanmei, the
amended cash deposit rate will be equal
to the weighted-average dumping
margin established in the amended final
results of this review; (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that currently have a separate rate, the
cash deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding where the exporter received
that separate 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., 216.37 percent); and (4) for all nonChinese exporters of subject
merchandise that have not received
their own separate rate, the cash deposit
rate will be the rate applicable to the
7 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
8 For
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
25567
Chinese exporter that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final 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 the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(h) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: April 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–07680 Filed 4–10–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–094]
Refillable Stainless Steel Kegs From
the People’s Republic of China: Final
Results of the Countervailing Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
AGENCY:
E:\FR\FM\11APN1.SGM
11APN1
Agencies
[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Notices]
[Pages 25566-25567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07680]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the antidumping duty
order on hydrofluorocarbon blends (HFC blends) from the People's
Republic of China (China) to correct ministerial errors. Based on the
amended final results, we find that the sole mandatory respondent,
Zhejiang Sanmei Chemical Industry Co., Ltd. (Sanmei) sold HFC blends in
the United States at less than normal value (NV) during the period of
review (POR) August 1, 2021, through July 31, 2022.
DATES: Applicable April 11, 2024.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao, 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) 482-2273.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2024, Commerce published in the Federal Register the
final results of the 2021-2022 administrative review of the AD order on
HFC blends from China.\1\ On March 6, 2024, Commerce disclosed its
calculations and provided interested parties with the opportunity to
submit ministerial error comments.\2\ On March 8 and 11, 2024, Sanmei,
the sole mandatory respondent in this administrative review and the
American HFC Coalition (the petitioner), respectively, timely submitted
allegations of ministerial errors in the Final Results.\3\ On March 13,
2024, the petitioner submitted rebuttal comments regarding Sanmei's
ministerial error allegation.\4\ Commerce is amending the Final Results
to correct these ministerial errors.
---------------------------------------------------------------------------
\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2021-2022, 89 FR 16726 (March 8, 2024) (Final Results), and
accompanying Issues and Decision Memorandum.
\2\ See Memorandum, ``Deadline to Submit Ministerial Error
Allegations,'' dated March 6, 2024.
\3\ See Sanmei's Letter, ``Zhejiang Sanmei's Ministerial Error
Comments,'' dated March 8, 2024; see also Petitioner's Letter, ``HFC
Coalition's Ministerial Error Allegation,'' dated March 11, 2024.
\4\ See Petitioner's Letter, ``HFC Coalition's Rebuttal to
Sanmei's Ministerial Error Allegation,'' dated March 13, 2024.
---------------------------------------------------------------------------
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \5\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review.''
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Error
Commerce determined that it made inadvertent errors within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect
to certain calculations regarding the following: (1) a surrogate
freight cost for a utility input; (2) the resulting total value of that
input; and (3) the value of perchloroethylene, an input used to make
HFC blends. Accordingly, we determine, in accordance with section
751(h) of the Act and 19 CFR 351.224(f), that we made ministerial
errors in the Final Results. Pursuant to 19 CFR 351.224(e), we are
amending the Final Results to correct these errors. These corrections
result in a change to Sanmei's weighted-average dumping margin. For a
complete description and analysis of the specific inadvertent errors
and a discussion of the ministerial error allegations, see the
accompanying Ministerial Error Allegation Memorandum.\6\ The
Ministerial Error Allegation
[[Page 25567]]
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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Hydrofluorocarbon Blends from the People's Republic of
China; 2021-2022: Ministerial Error Allegation in the Final
Results,'' dated concurrently with this notice (Ministerial Error
Allegation Memorandum).
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting these ministerial errors, Commerce
determines that the following estimated weighted-average dumping margin
exists for the period August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Zhejiang Sanmei Chemical Industry Co., Ltd................. 96.94
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the amended final
results or, if there is no public announcement, within five days of the
date of publication of the notice of amended final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the amended final
results of this review.
For Sanmei, Commerce calculated importer-specific assessment rates
for antidumping duties, in accordance with 19 CFR 351.212(b)(1). Where
the respondent reported reliable entered values, Commerce calculated
importer-specific ad valorem assessment rates by aggregating the amount
of dumping calculated for all U.S. sales to the importer and dividing
this amount by the total entered value of the merchandise sold to the
importer. Where the respondent did not report entered values, we
calculated importer-specific assessment rates by dividing the amount of
dumping for reviewed sales to the importer by the total quantity of
those sales. Commerce will calculate an estimated ad valorem importer-
specific assessment rate to determine whether the per-unit assessment
rate is de minimis; however, Commerce will use the per-unit assessment
rate where entered values were not reported. Where an importer-specific
ad valorem assessment rate is not zero or de minimis, Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries that were not reported in the U.S. sales database
submitted by Sanmei, Commerce will instruct CBP to liquidate such
entries at the China-wide rate.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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 amended cash deposit requirements will be effective
retroactively upon publication of the amended final results of this
administrative 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 by section 751(a)(2)(C) of the Act:
(1) for the exporter listed above, Sanmei, the amended cash deposit
rate will be equal to the weighted-average dumping margin established
in the amended final results of this review; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that currently have a separate rate, the cash deposit rate will
continue to be the exporter-specific rate published for the most
recently completed segment of this proceeding where the exporter
received that separate 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.,
216.37 percent); and (4) for all non-Chinese exporters of subject
merchandise that have not received their own separate rate, the cash
deposit rate will be the rate applicable to the Chinese exporter that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a final 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i) of the Act, and 19 CFR 351.224(e).
Dated: April 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-07680 Filed 4-10-24; 8:45 am]
BILLING CODE 3510-DS-P