Notice2021-11672
Pentafluoroethane (R-125) From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 3, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 86 Issue 105 (Thursday, June 3, 2021)</title>
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[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Page 29752]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11672]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-137]
Pentafluoroethane (R-125) From the People's Republic of China:
Postponement of Preliminary Determination in the Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 3, 2021.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Benjamin A. Luberda, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1959 and (202)
482-2185, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2021, the Department of Commerce (Commerce)
initiated a less-than-fair-value (LTFV) investigation of imports of
pentafluoroethane (R-125) from the People's Republic of China
(China).\1\ Currently, the preliminary determination is due no later
than June 21, 2021.
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\1\ See Pentafluoroethane (R-125) from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 86 FR 8583
(February 8, 2021).
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Postponement of Preliminary Determination
Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the
Act), requires Commerce to issue the preliminary determination in an
LTFV investigation within 140 days after the date on which Commerce
initiated the investigation. However, section 733(c)(1) of the Act
permits Commerce to postpone the preliminary determination until no
later than 190 days after the date on which Commerce initiated the
investigation if: (A) The petitioner \2\ makes a timely request for a
postponement; or (B) Commerce concludes that the parties concerned are
cooperating, that the investigation is extraordinarily complicated, and
that additional time is necessary to make a preliminary determination.
Under 19 CFR 351.205(e), the petitioner must submit a request for
postponement 25 days or more before the scheduled date of the
preliminary determination and must state the reasons for the request.
Commerce will grant the request unless it finds compelling reasons to
deny the request.
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\2\ The petitioner is Honeywell International Inc.
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On May 21, 2021, the petitioner submitted a timely request that
Commerce postpone the preliminary determination in the LTFV
investigation.\3\ The petitioner stated that it requests postponement
``to permit Commerce to fully develop the record in this
investigation.'' \4\ The petitioner believes additional time is
necessary to ensure that Commerce is able ``to sufficiently review all
questionnaire responses and new factual information, including that
with respect to surrogate country and data to value factors of
production.'' \5\ The petitioner also correctly notes that Commerce has
not yet received respondent's supplemental questionnaire responses
which are necessary for a complete accounting of production and sales
data.\6\
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\3\ See Petitioner's Letter, ``Petitioner's Request to Postpone
the Preliminary Determination,'' dated May 21, 2021.
\4\ Id.
\5\ Id.
\6\ Id.
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For the reasons stated above and because there are no compelling
reasons to deny the request, Commerce, in accordance with section
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary
determination by 50 days (i.e., 190 days after the date on which this
investigation was initiated). As a result, Commerce will issue its
preliminary determination no later than August 10, 2021. In accordance
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the
deadline for the final determination of this investigation will
continue to be 75 days after the date of the preliminary determination,
unless postponed at a later date.
This notice is issued and published pursuant to section 733(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: May 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-11672 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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