Pentafluoroethane (R-125) From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2023, 66033-66035 [2024-18106]
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Federal Register / Vol. 89, No. 157 / Wednesday, August 14, 2024 / Notices
Dated: August 8, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–18175 Filed 8–13–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–43–2024]
ddrumheller on DSK120RN23PROD with NOTICES1
Foreign-Trade Zone 3; Application for
Production Authority; Phillips 66
Company; (Renewable Fuels and ByProducts); Rodeo, California
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the San Francisco Port Commission,
grantee of FTZ 3, requesting production
authority on behalf of Phillips 66
Company (Phillips), located in Rodeo,
California. The application conforming
to the requirements of the regulations of
the FTZ Board (15 CFR 400.23) was
docketed on August 8, 2024.
The Phillips facility (650 employees)
is located within Subzone 3E. The
facility was used for petroleum refining
and is in the process of being converted
into a renewable fuels production
facility. Production under FTZ
procedures could exempt Phillips from
customs duty payments on the foreign
components used in export production.
The company anticipates that between
eight to 14 percent of the plant’s
products will be exported. On its
domestic sales, Phillips would be able
to choose the duty rates during customs
entry procedures that apply to treated
renewable feedstock, sulfur, renewable
fuels (naphtha; diesel; jet), sustainable
jet fuel, butane, and mixed gas streams
(duty rate ranges from duty-free to 8.0%,
and 10.5¢/bbl) for the foreign-status
inputs noted below. Phillips would be
able to avoid duty on foreign-status
components which become scrap/waste.
Customs duties also could possibly be
deferred or reduced on foreign-status
production equipment. The request
indicates that the savings from FTZ
procedures would help improve the
plant’s international competitiveness.
Components and materials sourced
from abroad (representing 40 to 45% of
the value of the finished product)
include: animal fats; oils (soybean;
canola; rapeseed; distiller’s corn; used
cooking); mixed fats, oils, and grease
(also known as FOG); and, greases (trap;
brown; yellow (a mix of animal fats that
may include used cooking oil)) (duty
rate ranges from 0.43¢/kg to 3¢/kg, 3.4%
to 19.1%). The request indicates that
certain materials/components are
subject to duties under section 301 of
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the Trade Act of 1974 (section 301),
depending on the country of origin. The
applicable section 301 decisions require
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
In accordance with the FTZ Board’s
regulations, Juanita Chen of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
October 15, 2024. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
October 28, 2024.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov.
Dated: August 8, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–18105 Filed 8–13–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–137]
Pentafluoroethane (R–125) From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2021–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the mandatory respondents under
review sold pentafluoroethane (R–125)
to the United States from the People’s
Republic of China (China) at prices
below normal value during the period of
review (POR), August 17, 2021, through
February 28, 2023.
DATES: Applicable August 14, 2024.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart or Samantha Kinney, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
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66033
(202) 482–1058 or (202) 482–2285,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2024, Commerce
published in the Federal Register the
preliminary results of the 2021–2023
administrative review 1 of the
antidumping duty order on R–125 from
China and invited parties to comment.2
The review covers two mandatory
respondents, Zhejiang Sanmei Chemical
Ind. Co., Ltd. (Zhejiang Sanmei), and
Zhejiang Yonghe Refrigerant Co., Ltd.
(Zhejiang Yonghe). We received case
briefs and rebuttal briefs from Zhejiang
Yonghe, National Refrigerants, Inc., a
U.S. importer of subject merchandise,
and Honeywell International, Inc. (the
petitioner).3
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
proceeding by seven days.4 The
deadline for the final results is now
August 8, 2024. For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.5
Scope of the Order
The products subject to the Order is
R–125 from China. A full description of
the scope of the Order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in briefs filed by
parties in this administrative review are
addressed in the Issues and Decision
Memorandum and are listed in the
Appendix to this notice. The Issues and
Decision Memorandum is a public
1 See Pentafluoroethane (R–125) from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2021–
2023, 89 FR 22997 (April 3, 2024) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Pentafluoroethane (R–125) from the People’s
Republic of China: Antidumping and
Countervailing Duty Orders, 87 FR 12081 (March 3,
2022) (Order).
3 See Petitioner’s Letter, ‘‘Case Brief,’’ dated May
10, 2024; see also National Refrigerants, Inc.’s
Letter, ‘‘Case Brief of National Refrigerants, Inc.,’’
dated May 10, 2024; Zhejiang Yonghe’s Letter,
‘‘Refiled Case Brief,’’ dated May 23, 2024;
Petitioner’s Letter, ‘‘Rebuttal Brief,’’ dated May 28,
2024; National Refrigerants, Inc.’s Letter ‘‘Rebuttal
Brief of National Refrigerants, Inc.,’’ dated May 28,
2024; and Zhejiang Yonghe’s Letter, ‘‘Rebuttal Case
Brief,’’ dated May 28, 2024.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the 2021–2023 Administrative
Review of the Antidumping Duty Order on
Pentafluoroethane (R–125) from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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Federal Register / Vol. 89, No. 157 / Wednesday, August 14, 2024 / Notices
document and 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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Separate Rate
Commerce determines that the
Sanmei Companies 6 and the Yonghe
Companies,7 the two companies
individually examined in this review,
are eligible to receive separate rates in
this review.8
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,9 the China-wide entity will
not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 267.51. percent) is not
subject to change.10
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made certain changes to the margin
calculations for the Yonghe
Companies.11 Additionally, Commerce
collapsed two additional companies
with the Yonghe Companies.12
Final Results of Review
For the companies subject to this
review that established their eligibility
for a separate rate, Commerce
determines that the following estimated
weighted-average dumping margins
exist for the period August 17, 2021,
through February 28, 2023:
Weightedaverage
dumping
margin
(percent)
Exporter
Zhejiang Sanmei Chemical Industry Co., Ltd.; Fujian Qingliu Dongying Chemical Co., Ltd.; Jiangsu Sanmei Chemical Ind. Co.,
Ltd ....................................................................................................................................................................................................
Zhejiang Yonghe Refrigerant Co., Ltd.; Jinhua Yonghe Fluorine Chemical Co., Ltd.; Inner Mongolia Yonghe Fluorochemical Co.,
Ltd.; Shaowu Yonghe Jintang new material Co., Ltd.; Inner Mongolia Huasheng Hydrohuone Alid Co., Ltd.; Jiangxi Shilei
Fluorochemical Co., Ltd ...................................................................................................................................................................
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
interested parties within five days after
public announcement of the final results
or, if there is no public announcement,
within five days of the date of
publication of the notice of final results
in the Federal Register, in accordance
with 19 CFR 351.224(b).
Assessment Rates
ddrumheller on DSK120RN23PROD with NOTICES1
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
For the Sanmei Companies and the
Yonghe Companies, Commerce will
calculate importer-specific assessment
6 For these final results, Commerce continues to
find that the following affiliated companies should
be collapsed and treated as a single entity as it
determined in the Preliminary Results: Zhejiang
Sanmei; Jiangsu Sanmei Chemical Ind. Co., Ltd.;
and Fujian Qingliu Dongying Chemical Ind. Co.,
Ltd. (collectively, Sanmei Companies). See
Preliminary Results PDM at 5.
7 For these final results, Commerce continues to
find that the following affiliated companies should
be collapsed and treated as a single entity as
determined in the Preliminary Results: Zhejiang
Yonghe; Jinhua Yonghe Flurine Chemical Co., Ltd.;
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rates for antidumping duties, in
accordance with 19 CFR 351.212(b)(1).
For entries that were not reported in
the U.S. sales database submitted by the
exporter individually examined during
this review, Commerce will instruct
CBP to liquidate such entries at the
China-wide rate.13
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).
24.62
267.66
Cash Deposit Requirements
Upon publication of this notice in the
Federal Register, the following cash
deposit requirements will be effective
for 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 exporters listed
above, the cash deposit rate will be
equal to the weighted-average dumping
margin established in the 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., 267.51 percent); and (4) for all nonChinese exporters of subject
merchandise that have not received
their own separate rate, the cash deposit
Inner Mongolia Yonghe Fluorochemical Co., Ltd.;
and Shaowu Yonge Jintag new material Co., Ltd.
(collectively, the Yonghe Companies). Additionally
for these final results, Commerce collapsed Inner
Mongolia Huasheng Hydrohuone Alid Co., Ltd. and
Jiangxi Shilei Fluorochemical Co., Ltd. with the
Yonghe Companies. See Issues and Decision
Memorandum at Comment 3 for details.
8 See Preliminary Results at ‘‘Separate Rates’’
section.
9 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).
10 See Order.
11 See Issues and Decision Memorandum at
Comment 2.
12 Id. at Comment 3.
13 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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Federal Register / Vol. 89, No. 157 / Wednesday, August 14, 2024 / Notices
rate will be the rate applicable to the
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 and/or countervailing
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 and/or countervailing
duties has occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
countervailing duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction 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 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
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(2).
Dated: August 7, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether To Apply an Export
Subsidy Adjustment
Comment 2: Revision of Calculations
Comment 3: Whether To Collapse Inner
Mongolia Huasheng Hydrohuone Alid
Co., Ltd. (Inner Mongolia Huasheng) and
Jiangxi Shilei Fluorochemical Co., Ltd.
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18:22 Aug 13, 2024
Jkt 262001
(Jiangxi Shilei) With the Yonghe
Companies
Comment 4: Whether To Select the
Republic of Türkiye (Türkiye) as the
Surrogate Country (SC)
Comment 5: Surrogate Value (SV) for
Chloroform
Comment 6: Self-produced Anhydrous
Hydrogen Fluoride (AHF)
Comment 7: By-product Offset
Comment 8: Financial Ratio
VI. Recommendation
[FR Doc. 2024–18106 Filed 8–13–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has received
requests to conduct administrative
reviews of various antidumping duty
(AD) and countervailing duty (CVD)
orders with July anniversary dates. In
accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable August 14, 2024.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with July
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Respondent Selection
In the event that Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based
either on U.S. Customs and Border
Protection (CBP) data for U.S. imports
during the period of review (POR) or
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66035
questionnaires in which we request the
quantity and value (Q&V) of sales,
shipments, or exports during the POR.
Where Commerce selects respondents
based on CBP data, we intend to place
the CBP data on the record within five
days of publication of the initiation
notice. Where Commerce selects
respondents based on Q&V data,
Commerce intends to place the Q&V
questionnaire on the record of the
review within five days of publication
of the initiation notice. In either case,
we intend to make our decision
regarding respondent selection within
35 days of publication of the initiation
Federal Register notice. Comments
regarding the CBP data (and/or Q&V
data (where applicable)) and respondent
selection should be submitted within
seven days after the placement of the
CBP data/submission of the Q&V data
on the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event that Commerce decides it
is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Tariff Act of
1930, as amended (the Act), the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating AD
rates) require a substantial amount of
detailed information and analysis,
which often require follow-up questions
and analysis. Accordingly, Commerce
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
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Agencies
[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Notices]
[Pages 66033-66035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18106]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-137]
Pentafluoroethane (R-125) From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2021-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
mandatory respondents under review sold pentafluoroethane (R-125) to
the United States from the People's Republic of China (China) at prices
below normal value during the period of review (POR), August 17, 2021,
through February 28, 2023.
DATES: Applicable August 14, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Hart or Samantha Kinney, 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) 482-1058 or (202) 482-2285,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2024, Commerce published in the Federal Register the
preliminary results of the 2021-2023 administrative review \1\ of the
antidumping duty order on R-125 from China and invited parties to
comment.\2\ The review covers two mandatory respondents, Zhejiang
Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei), and Zhejiang Yonghe
Refrigerant Co., Ltd. (Zhejiang Yonghe). We received case briefs and
rebuttal briefs from Zhejiang Yonghe, National Refrigerants, Inc., a
U.S. importer of subject merchandise, and Honeywell International, Inc.
(the petitioner).\3\
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\1\ See Pentafluoroethane (R-125) from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2023, 89 FR 22997 (April 3, 2024) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Pentafluoroethane (R-125) from the People's Republic of
China: Antidumping and Countervailing Duty Orders, 87 FR 12081
(March 3, 2022) (Order).
\3\ See Petitioner's Letter, ``Case Brief,'' dated May 10, 2024;
see also National Refrigerants, Inc.'s Letter, ``Case Brief of
National Refrigerants, Inc.,'' dated May 10, 2024; Zhejiang Yonghe's
Letter, ``Refiled Case Brief,'' dated May 23, 2024; Petitioner's
Letter, ``Rebuttal Brief,'' dated May 28, 2024; National
Refrigerants, Inc.'s Letter ``Rebuttal Brief of National
Refrigerants, Inc.,'' dated May 28, 2024; and Zhejiang Yonghe's
Letter, ``Rebuttal Case Brief,'' dated May 28, 2024.
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ The deadline for the final
results is now August 8, 2024. For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2021-2023 Administrative Review of the Antidumping Duty Order
on Pentafluoroethane (R-125) from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products subject to the Order is R-125 from China. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in briefs filed by parties in this administrative
review are addressed in the Issues and Decision Memorandum and are
listed in the Appendix to this notice. The Issues and Decision
Memorandum is a public
[[Page 66034]]
document and 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 Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Separate Rate
Commerce determines that the Sanmei Companies \6\ and the Yonghe
Companies,\7\ the two companies individually examined in this review,
are eligible to receive separate rates in this review.\8\
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\6\ For these final results, Commerce continues to find that the
following affiliated companies should be collapsed and treated as a
single entity as it determined in the Preliminary Results: Zhejiang
Sanmei; Jiangsu Sanmei Chemical Ind. Co., Ltd.; and Fujian Qingliu
Dongying Chemical Ind. Co., Ltd. (collectively, Sanmei Companies).
See Preliminary Results PDM at 5.
\7\ For these final results, Commerce continues to find that the
following affiliated companies should be collapsed and treated as a
single entity as determined in the Preliminary Results: Zhejiang
Yonghe; Jinhua Yonghe Flurine Chemical Co., Ltd.; Inner Mongolia
Yonghe Fluorochemical Co., Ltd.; and Shaowu Yonge Jintag new
material Co., Ltd. (collectively, the Yonghe Companies).
Additionally for these final results, Commerce collapsed Inner
Mongolia Huasheng Hydrohuone Alid Co., Ltd. and Jiangxi Shilei
Fluorochemical Co., Ltd. with the Yonghe Companies. See Issues and
Decision Memorandum at Comment 3 for details.
\8\ See Preliminary Results at ``Separate Rates'' section.
---------------------------------------------------------------------------
China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\9\ 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 in this review, the entity is not under review, and the
entity's rate (i.e., 267.51. percent) is not subject to change.\10\
---------------------------------------------------------------------------
\9\ 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).
\10\ See Order.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes to the margin calculations for the Yonghe
Companies.\11\ Additionally, Commerce collapsed two additional
companies with the Yonghe Companies.\12\
---------------------------------------------------------------------------
\11\ See Issues and Decision Memorandum at Comment 2.
\12\ Id. at Comment 3.
---------------------------------------------------------------------------
Final Results of Review
For the companies subject to this review that established their
eligibility for a separate rate, Commerce determines that the following
estimated weighted-average dumping margins exist for the period August
17, 2021, through February 28, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Zhejiang Sanmei Chemical Industry Co., Ltd.; Fujian 24.62
Qingliu Dongying Chemical Co., Ltd.; Jiangsu Sanmei
Chemical Ind. Co., Ltd.................................
Zhejiang Yonghe Refrigerant Co., Ltd.; Jinhua Yonghe 267.66
Fluorine Chemical Co., Ltd.; Inner Mongolia Yonghe
Fluorochemical Co., Ltd.; Shaowu Yonghe Jintang new
material Co., Ltd.; Inner Mongolia Huasheng Hydrohuone
Alid Co., Ltd.; Jiangxi Shilei Fluorochemical Co., Ltd.
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
For the Sanmei Companies and the Yonghe Companies, Commerce will
calculate importer-specific assessment rates for antidumping duties, in
accordance with 19 CFR 351.212(b)(1).
For entries that were not reported in the U.S. sales database
submitted by the exporter individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate.\13\
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\13\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for 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 exporters
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the 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., 267.51 percent); and (4) for all non-
Chinese exporters of subject merchandise that have not received their
own separate rate, the cash deposit
[[Page 66035]]
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 and/or countervailing 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 and/or countervailing
duties has occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction 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 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2).
Dated: August 7, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether To Apply an Export Subsidy Adjustment
Comment 2: Revision of Calculations
Comment 3: Whether To Collapse Inner Mongolia Huasheng
Hydrohuone Alid Co., Ltd. (Inner Mongolia Huasheng) and Jiangxi
Shilei Fluorochemical Co., Ltd. (Jiangxi Shilei) With the Yonghe
Companies
Comment 4: Whether To Select the Republic of T[uuml]rkiye
(T[uuml]rkiye) as the Surrogate Country (SC)
Comment 5: Surrogate Value (SV) for Chloroform
Comment 6: Self-produced Anhydrous Hydrogen Fluoride (AHF)
Comment 7: By-product Offset
Comment 8: Financial Ratio
VI. Recommendation
[FR Doc. 2024-18106 Filed 8-13-24; 8:45 am]
BILLING CODE 3510-DS-P