Notice2021-19316
Pentafluoroethane (R-125) From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
Primary source
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Published
September 7, 2021
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-662 and 731-TA-1554 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of pentafluoroethane (R-125) from China, provided for in subheadings 2903.39.20 and 2903.39.29 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50171-50173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19316]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-662 and 731-TA-1554 (Final)]
Pentafluoroethane (R-125) From China; Scheduling of the Final
Phase of Countervailing Duty and Anti-Dumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-662 and 731-TA-1554 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of pentafluoroethane (R-125) from China,
provided for in subheadings 2903.39.20 and 2903.39.29 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: August 17, 2021.
FOR FURTHER INFORMATION CONTACT: Ahdia Bavari ((202) 205-3191), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing[dash]impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``pentafluoroethane (R-125), or its chemical
equivalent, regardless of form, type or purity level. R-125 has the
Chemical Abstracts Service (CAS) registry number of 354-33-6 and the
chemical formula C2HF5. R-125 is also referred to as Pentafluoroethane,
Genetron HFC 125, Khladon 125, Suva 125, Freon 125, and Fc-125. R-125
that has been blended with other products is included within the scope
if such blends contain 85% or more by volume R-125, on an actual
percentage basis. However, R-125 incorporated into a blend that
conforms to ANSI/ASHRAE Standard 34 is excluded from the scope of these
investigations. When R-125 is blended with other products and otherwise
falls under the scope of these investigations, only the R-125 component
of the mixture is covered by the scope of these investigations.
Subject merchandise also includes purified and unpurified R-125
that is processed in a third country or otherwise outside the customs
territory of the United States, including, but not limited to,
purifying, blending, or any other processing that would not otherwise
remove the merchandise from the scope of these investigations if
performed in the country of manufacture of the in-scope R-125. The
scope also includes R-125 that is commingled with R-125 from sources
not subject to these investigations. Only the subject component of such
commingled products is covered by the scope of these investigations.
Excluded from the scope is merchandise covered by the scope of the
antidumping order on Hydrofluorocarbon Blends from the People's
Republic of China, including
[[Page 50172]]
merchandise subject to the affirmative anti-circumvention determination
in 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).
See Hydrofluorocarbon Blends from the People's Republic of China:
Antidumping Duty Order, 81 FR 55436 (August 19, 2016) (the Blends
Order).
R-125 is entered under Harmonized Tariff Schedule of the United
States (HTSUS) subheading 2903.39.2035 and 2903.39.2938. Merchandise
subject to the scope may also be entered under HTSUS subheadings
2903.39.2045, 3824.78.0020, and 3824.78.0050. The HTSUS subheadings and
CAS registry number are provided for convenience and customs purposes.
The written description of the scope of these investigations is
dispositive.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of pentafluoroethane (r-125), and that such products
are being sold in the United States at less than fair value within the
meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on January 12, 2021, by Honeywell
International, Inc.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
30, 2021, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
December 14, 2021. Information about the place and form of the hearing,
including about how to participate in and/or view the hearing, will be
posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>. Interested parties should check the
Commission's website periodically for updates. Requests to appear at
the hearing should be filed in writing with the Secretary to the
Commission on or before Tuesday, December 7, 2021. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on Thursday, December 9, 2021. Oral testimony and written
materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is December 7, 2021. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
December 21, 2021. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before December 21, 2021. Parties may submit
supplemental comments on Commerce's final countervailing and
antidumping duty determinations on or before January 7, 2022.
Supplemental party comments may address only Commerce's final
determinations and may not exceed five (5) pages in length. On January
26, 2022, the Commission will make available to parties all information
on which they have not had an opportunity to comment. Parties may
submit final comments on this information on or before January 28,
2022, but such final comments must not contain new factual information
and must otherwise comply with Sec. 207.30 of the Commission's rules.
All written submissions must conform with the provisions of Sec. 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
[[Page 50173]]
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: September 1, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-19316 Filed 9-3-21; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 7, 2021.
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