Notice2022-09802
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2020-2021
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
May 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines 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, 2020, through March 31, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 88 (Friday, May 6, 2022)</title>
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[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27098-27099]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09802]
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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 the Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines 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, 2020, through March 31, 2021.
DATES: Applicable May 6, 2022.
FOR FURTHER INFORMATION CONTACT: Kate Sliney, 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) 482-2437.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2022, Commerce published the Preliminary Results of
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results. We received no comments from interested
parties on the Preliminary Results. Prior to the publication of the
Preliminary Results, on December 13, 2021, Commerce referred certain
business proprietary information received in the context of this
administrative review to U.S. Customs and Border Protection (CBP).
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; 2020-2021, 87 FR 216 (January 4, 2022)
(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 CF3-CH2 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
2903.45.1000. 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 Administrative 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
China-wide entity was not subject to change as a result of this review.
The China-wide entity rate remains 167.02 percent.
Assessment Rates
Commerce shall determine, and 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.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
[[Page 27099]]
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).
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 final reminder to importers of their
responsibility under 19 CFR 351.402(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 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 these final results 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: April 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-09802 Filed 5-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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