Notice2021-24185
Hydrofluorocarbon Blends From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
Primary source
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Published
November 5, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on hydrofluorocarbon blends (HFC blends) from the People's Republic of China (China) would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61120-61121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24185]
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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 Expedited First Sunset Review of the Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
order on hydrofluorocarbon blends (HFC blends) from the People's
Republic of China (China) would be likely to lead to the continuation
or recurrence of dumping at the levels indicated in the ``Final Results
of Review'' section of this notice.
DATES: Applicable November 5, 2021.
FOR FURTHER INFORMATION CONTACT: Jacob Garten 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) 482-3342 or (202)
482-2185, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, Commerce published the AD order on HFC blends
from China.\1\ On July 1, 2021, Commerce published the notice of
initiation of the first sunset review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On July 16,
2021, Commerce received notice of intent to participate within the 15-
day deadline specified in 19 CFR 351.218(d)(1)(i) from the American HFC
Coalition (Coalition), an association comprised of four U.S. producers
of HFC blends: Arkema Inc.; The Chemours Company FC LLC; Honeywell
International Inc.; and Mexichem Fluor Inc.\3\ The individual members
of the Coalition claimed interested party status under section
771(9)(C) as domestic producers and, collectively, under section
771(9)(E) of the Act as a trade or business association a majority of
whose members manufacture, produce, or wholesale a domestic like
product in the United States.\4\
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\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
(Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 35070
(July 1, 2021).
\3\ See Coalition's Letter, ``Five-Year (``Sunset'') Review of
Antidumping Duty Order on Hydrofluorocarbon Blends and Components
Thereof from China: Notice of Intent to Participate,'' dated July
16, 2021.
\4\ Id. at 1.
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On August 2, 2021, Commerce received adequate substantive responses
to the notice of initiation from the Coalition within the 30-day
deadline specified in 19 CFR 351.218(d)(3).\5\ We received no
substantive response from respondent interested parties with respect to
the order covered by this sunset review.
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\5\ See Coalition's Letter, ``Hydrofluorocarbon Blends and
Components Thereof from China: Substantive Response to Notice of
Initiation of Five-Year (Sunset) Review of Antidumping Duty Order,''
dated August 2, 2021.
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On August 20, 2021, Commerce notified the U.S. International Trade
Commission that it did not receive an adequate substantive response
from respondent interested parties.\6\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day) sunset review of the Order.
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\6\ See Commerce's Letter, ``Sunset Reviews Initiated for July
2021,'' dated August 20, 2021.
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Scope of the Order
The products subject to the Order are HFC blends. 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.\7\
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\7\ 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.\8\
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\8\ See Order. Certain merchandise has been the subject of
affirmative anti-circumvention determinations by Commerce, pursuant
to section 781 of the Tariff Act of 1930, as amended (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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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum.\9\ The issues discussed in the Issues and
Decision Memorandum are the likelihood of continuation or recurrence of
dumping and the magnitude of the dumping margin likely to prevail if
the orders were revoked. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. A list of topics discussed in the Issues and Decision
Memorandum is included as an appendix to this notice. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited First Sunset Review of the Antidumping Duty Order on
Hydrofluorocarbon Blends from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Final Results of Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to the continuation or recurrence of dumping at weighted-average
dumping margins up to 285.73 percent.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely notification of the return or destruction of APO
materials or conversion to judicial protective orders is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and
19 CFR 351.218.
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2021-24185 Filed 11-4-21; 8:45 am]
BILLING CODE 3510-DS-P
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