Notice2021-11997
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2019-2020
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 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that the sole company subject to this administrative review is part of the China-wide entity because it did not file a separate rate application (SRA). The period of review (POR) is April 1, 2019, through March 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 108 (Tuesday, June 8, 2021)</title>
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[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30404-30405]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11997]
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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: Final Results of Antidumping Duty Administrative Review; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the sole
company subject to this administrative review is part of the China-wide
entity because it did not file a separate rate application (SRA). The
period of review (POR) is April 1, 2019, through March 31, 2020.
DATES: Applicable June 8, 2021.
FOR FURTHER INFORMATION CONTACT: Peter Zukowski, 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) 482-0189.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2021, Commerce published the Preliminary Results of
this administrative review of the antidumping duty order on 1,1,1,2-
Tetrafluoroethane (R-134a) from the People's Republic of China (China)
and invited interested parties to comment.\1\ We received no comments
from interested parties on the Preliminary Results. Commerce conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
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\1\ See 1,1,1,2-Tetrafluoroethane (R-134a) from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020, 86 FR 7854 (February 2, 2021)
(Preliminary Results).
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Scope of the Order
The merchandise covered by the order is 1,1,1,2-Tetrafluoroethane,
R-134a, or its chemical equivalent, regardless of form, type, or purity
level. The chemical formula for 1,1,1,2-Tetrafluoroethane is
CF<INF>3</INF>-CH<INF>2</INF> F, and the Chemical Abstracts Service
(CAS) registry number is CAS 811-97-2.\2\
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\2\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron
134a (Honeywell); Freon\TM\ 134a, Suva 134a, Dymel 134a, and Dymel
P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema).
Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon
134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159.
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Merchandise subject to the order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheading
2903.39.2020. Although the HTSUS subheading and CAS registry number are
provided for convenience and customs purposes, the written description
of the scope is dispositive.
Final Results of Review
Because we received no comments, we made no changes from the
Preliminary Results. We continue to find that Puremann, Inc., the sole
company subject to this review, did not file an SRA and has not
demonstrated its eligibility for separate rate status and, therefore,
is part of the China-wide entity. In this administrative review, no
party requested a review of the China-wide entity, and Commerce did not
self-initiate a review of the China-wide entity. Because no review of
the China-wide entity is being conducted, the China-wide entity's
entries were not subject to the review, and the rate applicable to the
NME entity was not subject to change as a result of this review. The
China-wide entity rate remains 167.02 percent.\3\
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\3\ See 1,1,1,2 Tetrafluoroethane (R-134a) from the People's
Republic of China: Antidumping Duty Order, 82 FR 18422, 18423 (April
19, 2017).
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Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
Because we determined that Puremann, Inc. was not eligible for a
separate rate and is part of the China-wide entity, we will instruct
CBP to apply an ad valorem assessment rate of 167.02 percent to all
entries of subject merchandise during the POR that were exported by
Puremann, Inc.
Consistent with its recent notice,\4\ 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).
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\4\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) For previously investigated or reviewed Chinese or non-
Chinese exporters that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (2) 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 that for the China-wide entity (i.e.,
167.02 percent); and (3) for all non-Chinese exporters of subject
merchandise which have not received their own 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 also serves as a reminder to importers of their
responsibility under 19 CFR 315.402(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
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occurred and the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a 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 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h) and
351.221(b)(5).
Dated: June 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-11997 Filed 6-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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