Notice2021-19138
Hydrofluorocarbon Blends From the People's Republic of China: Final Results of the 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
September 3, 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 August 1, 2019, through July 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 169 (Friday, September 3, 2021)</title>
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49516-49517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19138]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Final Results of the 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 August 1, 2019, through July 31, 2020.
DATES: Applicable September 3, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2021, Commerce published the Preliminary Results of this
administrative review of the antidumping duty order on
hydrofluorocarbon (HFC) blends from the People's Republic of China
(China) in the Federal Register.\1\ Although we invited parties to
comment on the Preliminary Results, no interested party submitted
comments. Accordingly, no decision memorandum accompanies this Federal
Register notice.\2\
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\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review and Rescission of Antidumping Duty Administrative Review, in
Part; 2019-2020, 86 FR 24587 (May 7, 2021) (Preliminary Results).
\2\ For further details of the issues addressed in this
proceeding, see Preliminary Results and accompanying Preliminary
Decision Memorandum.
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products subject to the Order are HFC blends.\3\ HFC blends
covered by the scope are R-404A, a zeotropic mixture consisting of 52
percent 1,1,1-Trifluoroethane, 44 percent Pentafluoroethane, and 4
percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20
percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent
Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-
Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent
Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an
azeotropic mixture of 50 percent Pentafluoroethane and 50 percent
1,1,1-Trifluoroethane also known as R-507. The foregoing percentages
are nominal percentages by weight. Actual percentages of single
component refrigerants by weight may vary by plus or minus two percent
points from the nominal percentage identified above.\4\
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\3\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
(Order).
\4\ R-404A is sold under various trade names, including
Forane[supreg] 404A, Genetron[supreg] 404A, Solkane[supreg] 404A,
Klea[supreg] 404A, and Suva[supreg]404A. R-407A is sold under
various trade names, including Forane[supreg] 407A, Solkane[supreg]
407A, Klea[supreg]407A, and Suva[supreg]407A. R-407C is sold under
various trade names, including Forane[supreg] 407C, Genetron[supreg]
407C, Solkane[supreg] 407C, Klea[supreg] 407C and Suva[supreg] 407C.
R-410A is sold under various trade names, including EcoFluor R410,
Forane[supreg] 410A, Genetron[supreg] R410A and AZ-20,
Solkane[supreg] 410A, Klea[supreg] 410A, Suva[supreg] 410A, and
Puron[supreg]. R-507A is sold under various trade names, including
Forane[supreg] 507, Solkane[supreg] 507, Klea[supreg]507,
Genetron[supreg]AZ-50, and Suva[supreg]507. R-32 is sold under
various trade names, including Solkane[supreg]32, Forane[supreg]32,
and Klea[supreg]32. R-125 is sold under various trade names,
including Solkane[supreg]125, Klea[supreg]125, Genetron[supreg]125,
and Forane[supreg]125. R-143a is sold under various trade names,
including Solkane[supreg]143a, Genetron[supreg]143a, and
Forane[supreg]125.
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Any blend that includes an HFC component other than R-32, R-125, R-
143a, or R-134a is excluded from the scope of the Order.
Excluded from the Order are blends of refrigerant chemicals that
include products other than HFCs, such as blends including
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs),
hydrocarbons (HCs), or hydrofluoroolefins (HFOs).
Also excluded from the Order are patented HFC blends, including,
but not limited to, ISCEON[supreg] blends, including MO99TM (R-438A),
MO79 (R-422A), MO59 (R-417A), MO49PlusTM (R-437A) and MO29TM (R-4 22D),
Genetron[supreg] PerformaxTM LT (R-407F), Choice[supreg] R-421A, and
Choice[supreg] R-421B.
HFC blends covered by the scope of the Order are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope is dispositive.\5\
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\5\ See Order. Certain merchandise has been the subject of
affirmative anti-circumvention determinations by Commerce, pursuant
to section 781 of the Act. As a result, the circumventing
merchandise is included in the scope of the Order. See
Hydrofluorocarbon Blends from the People's Republic of China: Final
Negative Scope Ruling on Gujarat Fluorochemicals Ltd.'s R-410A
Blend; Affirmative Final Determination of Circumvention of the
Antidumping Duty Order by Indian Blends Containing Chinese
Components, 85 FR 61930 (October 1, 2020); Hydrofluorocarbon Blends
from the People's Republic of China: Final Scope Ruling on
Unpatented R-421A; Affirmative Final Determination of Circumvention
of the Antidumping Duty Order for Unpatented R-421A, 85 FR 34416
(June 4, 2020); and Hydrofluorocarbon Blends from the People's
Republic of China: Affirmative Final Determination of Circumvention
of the Antidumping Duty Order; Unfinished R-32/R-125 Blends, 85 FR
15428 (March 18, 2020).
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[[Page 49517]]
Final Results of Review
Because we received no comments, we made no changes to the
Preliminary Results. We continue to find that PureMann, Inc.
(PureMann), the sole company subject to this review, did not file an
SRA and has not demonstrated its eligibility for separate rate status;
therefore, PureMann 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. Thus, the China-wide entity's entries were not subject to the
review, and the rate applicable to the China-wide entity was not
subject to change as a result of this review. The China-wide entity
rate remains 216.37 percent.\6\
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\6\ See Order, 81 FR at 55438.
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Disclosure and Public Comment
Normally, Commerce discloses the calculations used in its analysis
to parties in a review within five days of the date of publication of
the notice of final results, in accordance with 19 CFR 351.224(b).
However, in this case, there are no calculations on the record to
disclose.
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 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 of 216.37 percent to all entries of
subject merchandise during the POR that were exported by PureMann.
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
file a request for a statutory injunction has expired (i.e., within 90
days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed Chinese or non-Chinese exporters not listed above 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., 216.37 percent); and (3)
for all non-Chinese exporters of subject merchandise that 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 serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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.
Notification Regarding Administrative Protective Order
This notice 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), 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 sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(l) and 777(i) of the Act.
Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-19138 Filed 9-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 3, 2021.
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