Notice2022-04122
Hydrofluorocarbon Blends From the People's Republic of China: Continuation of Antidumping Duty Order
Primary source
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Published
February 28, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on hydrofluorocarbon (HFC) blends from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order.
Full Text
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<title>Federal Register, Volume 87 Issue 39 (Monday, February 28, 2022)</title>
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[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11044-11045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04122]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) order on hydrofluorocarbon
(HFC) blends from the People's Republic of China (China) would likely
lead to continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of the AD order.
DATES: Applicable February 28, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, Commerce published the AD order on HFC blends
from China.\1\ On July 1, 2021, the ITC instituted,\2\ and Commerce
initiated, the fifth sunset review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\3\ As a result
of its review, Commerce determined that revocation of the Order
[[Page 11045]]
would likely lead to continuation or recurrence of dumping and,
therefore, notified the ITC of the magnitude of the margins likely to
prevail should the Order be revoked.\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 Hydrofluorocarbon Blends from China; Institution of a
Five-Year Review, 86 FR 35131 (July 1, 2021).
\3\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 35070
(July 1, 2021).
\4\ See Hydrofluorocarbon Blends from the People's Republic of
China: Final Results of the Expedited First Sunset Review of the
Antidumping Duty Order, 86 FR 61120 (November 5, 2021), and
accompanying Issues and Decision Memorandum.
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On February 11, 2022, the ITC published its determination, pursuant
to section 751(c) of the Act, that revocation of the Order would likely
lead to continuation or recurrence of material injury to an industry in
the United States within a reasonably foreseeable time.\5\
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\5\ See Hydrofluorocarbon Blends from China, 87 FR 8037
(February 11, 2022).
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Scope of the Order
The products subject to this 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.\6\
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\6\ 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 this Order.
Excluded from this 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 MO99\TM\ (R-438A),
MO79 (R-422A), MO59 (R-417A), MO49Plus\TM\ (R-437A) and MO29\TM\ (R-4
22D), Genetron[supreg] Performax\TM\ LT (R-407F), Choice[supreg] R-
421A, and Choice[supreg] R-421B.
HFC blends covered by the scope of this 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.\7\
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\7\ 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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Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or a
recurrence of dumping, as well as material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act, Commerce
hereby orders the continuation of the Order.
U.S. Customs and Border Protection will continue to collect AD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the Order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year review of the Order not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
Administrative Protective Order
This notice serves as the only 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 notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of the APO is a sanctionable
violation.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
section 751(c) of the Act and published in accordance with section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: February 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-04122 Filed 2-25-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 28, 2022.
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