Notice2022-19061
Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 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
September 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on hydrofluorocarbon (HFC) blends from the People's Republic of China (China). The period of review (POR) is August 1, 2020, through July 31, 2021. We preliminarily find that Huantai Dongyue International Trade Co., Ltd. (Huantai Dongyue), Shandong Dongyue Chemical Co., Ltd. (Shandong Dongyue), Zhejiang Yonghe Refrigerant Co., Ltd. (Zhejiang Yonghe), and Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei) had no shipments during the POR. Commerce also preliminarily determines that the remaining companies subject to this administrative review (collectively, the non-responsive parties) are part of the China-wide entity. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 170 (Friday, September 2, 2022)</title>
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[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54192-54195]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19061]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on
hydrofluorocarbon (HFC) blends from the People's Republic of China
(China). The period of review (POR) is August 1, 2020, through July 31,
2021. We preliminarily find that Huantai Dongyue International Trade
Co., Ltd. (Huantai Dongyue), Shandong Dongyue Chemical Co., Ltd.
(Shandong Dongyue), Zhejiang Yonghe Refrigerant Co., Ltd. (Zhejiang
Yonghe), and Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei) had no
shipments during the POR. Commerce also preliminarily determines that
the remaining companies subject to this administrative review
(collectively, the non-responsive parties) are part of the China-wide
entity. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable September 2, 2022.
FOR FURTHER INFORMATION CONTACT: Steven Seifert, 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) 482-3350.
SUPPLEMENTARY INFORMATION:
[[Page 54193]]
Background
On August 19, 2016, Commerce published in the Federal Register an
AD order on HFC blends from China.\1\ On August 2, 2021, Commerce
published a notice of opportunity to request an administrative review
of the Order for the POR.\2\ On August 31, 2021, Commerce received
timely requests to conduct an administrative review of the Order, in
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act), from the American HFC Coalition (petitioner) and Sanmei.\3\
Based on these requests, Commerce initiated an administrative review of
the Order with respect to 43 companies on October 7, 2021.\4\ On
October 14, 2021, consistent with the Initiation Notice, Commerce
released U.S. Customs and Border Protection (CBP) data for purposes of
respondent selection and provided interested parties an opportunity to
comment on these data by October 21, 2021.\5\ Commerce received
comments on the CBP Data from the petitioner and Sanmei.\6\ On October
28, 2021, three companies submitted certifications of no shipments.\7\
The deadline for companies to submit an separate rate application (SRA)
or separate rate certification (SRC) was November 8, 2021.\8\ On
November 8, 2021, Sanmei submitted an SRA.\9\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Petitioner's Letter, ``Request for Administrative Review
of Antidumping Duty Order,'' dated August 31, 2021; and Sanmei's
Letter, ``Request for Administrative Review,'' dated August 31,
2021.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55815, 55816 (October 7, 2021)
(Initiation Notice).
\5\ Id., 86 FR at 55811; see also Memorandum, ``Release of U.S.
Customs and Border Protection Entry Data,'' dated October 14, 2021
(CBP Data).
\6\ See Petitioner's Letter, ``Comments on CBP Data Release,''
dated October 21, 2021; see also Sanmei's Letter, ``Submission of
Zhejiang Sanmei's Comments on CBP Data,'' dated October 21, 2021.
\7\ See Huantai Dongyue's Letter, ``Submission of Statement of
No Shipment,'' dated October 28, 2021; Shandong Dongyue's Letter,
``Submission of Statement of No Shipment,'' dated October 28, 2021;
and Zhejiang Yonghe's Letter, ``Submission of Statement of No
Shipment,'' dated October 28, 2021 (collectively, No-Shipment
Statements).
\8\ SRAs and SRCs were due thirty days from the publication date
of the Initiation Notice. In this administrative review the deadline
was November 8, 2021. See Initiation Notice, 86 FR at 55812.
\9\ See Sanmei's Letter, ``Separate Rate Application,'' dated
November 8, 2021.
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On February 7, 2022, we selected Sanmei as a mandatory respondent
in this review and issued the AD questionnaire to it.\10\ On April 25,
2022, Commerce extended the deadline for the preliminary results of
this administrative review until June 24, 2022.\11\ On June 3, 2022,
Commerce again extended the deadline for the preliminary results of
this administrative review until August 31, 2022.\12\
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\10\ See Memorandum, ``Selection of Respondents for Individual
Examination,'' dated February 7, 2022; and Commerce's Letter,
``Request for Information,'' dated February 7, 2022.
\11\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 25,
2022.
\12\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 3,
2022.
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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.\13\
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\13\ 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.\14\
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\14\ See the 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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Preliminary Determination of No Shipments
Commerce's practice is to conduct administrative reviews only on
suspended entries of subject merchandise.\15\ Based on information
Commerce received from Enforcement and Compliance's Customs and Liaison
Unit,\16\ as well as information submitted by Sanmei's U.S. importer
(Company A), we preliminarily determine that Sanmei had no shipments of
the subject merchandise during the POR because there are no suspended
entries during the POR.\17\ Likewise, based on the CBP Data and the No-
Shipment Statements, we preliminarily determine that Huantai
[[Page 54194]]
Dongyue, Shandong Dongyue, and Zhejiang Yonghe had no shipments of the
subject merchandise during the POR.
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\15\ See Honey from the People's Republic of China: Final
Rescission of the New Shipper Review and Final Results of the
Administrative Review; 2015-2016, 83 FR 1015 (January 9, 2018), and
accompanying Issues and Decision Memorandum, at Comment 4.
\16\ See Memorandum, ``U.S. Customs and Border Patrol
Information,'' dated June 24, 2022.
\17\ See Memorandum, ``Business Proprietary Information (BPI)
Related to the Preliminary Finding of No Shipments,'' dated
concurrently with this notice.
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Consistent with Commerce's practice, we will not rescind the review
with respect to Sanmei, Huantai Dongyue, Shandong Dongyue, and Zhejiang
Yonghe, but, rather, will complete the review and issue appropriate
liquidation instructions to CBP based on the final results.\18\
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\18\ See Polyethylene Terephthalate Film, Sheet, and Strip from
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2018-2019, 85
FR 74673 (November 23, 2020), unchanged in Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Final
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR
14311 (March 15, 2021).
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China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the entity.\4\ Because no party requested a
review of the China-wide entity in this review, the entity is not under
review, and the entity's rate is not subject to change (i.e., 216.37
percent).\19\
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\19\ See Order, 81 FR at 55438.
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Aside from Sanmei, Huantai Dongyue, Shandong Dongyue, and Zhejiang
Yonghe, which we preliminarily find made no shipments, Commerce
considers all other companies for which a review was requested to be
part of the China-wide entity because they did not demonstrate their
separate rate eligibility.\20\ Accordingly, for the preliminary
results, we consider the following non-responsive parties, none of
which submitted a separate rate application, to be part of the China-
wide entity: Changshu 3F Zhonghao New Chemical Materials Co., Ltd.;
Daikin Fluorochemicals (China) Co., Ltd.; Dongyang Weihua Refrigerants
Co., Ltd.; Electrochemical Factory of Zhejiang Juhua Co., Ltd.; Fujian
Qingliu Dongying Chemical Ind. Co., Ltd.; Hongkong Richmax Ltd.; Icool
International (Hong Kong) Limited; Jiangsu Bluestar Green Technology
Co., Ltd.; Jiangsu Meilan Chemical Co., Ltd.; Jiangsu Sanmei Chemicals
Co., Ltd; Jinhua Binglong Chemical Technology Co., Ltd.; Jinhua Yonghe
Fluorochemical Co., Ltd.; Liaocheng Fuer New Materials Technology Co.,
Ltd.; Linhai Limin Chemicals Co., Ltd.; Ninhua Group Co., Ltd.;
Puremann, Inc.; Ruyuan Dongyangguang Fluorine Co., Ltd.; Shandong Huaan
New Material Co., Ltd.; Shandong Xinlong Science Technology Co., Ltd.;
Shanghai Aohong Chemical Co., Ltd.; Sinochem Environmental Protection
Chemicals (Taicang) Co., Ltd.; Sinochem Lantian Fluoro Materials Co.,
Ltd.; T.T. International Co., Ltd.; Taizhou Huasheng New Refrigeration
Material Co., Ltd.; Taizhou Qingsong Refrigerant New Material Co.,
Ltd.; Weitron International Refrigeration Equipment (Kunshan) Co.,
Ltd.; Weitron International Refrigeration Equipment Co., Ltd.; Zhejiang
Fulai Refrigerant Co., Ltd.; Zhejiang Guomao Industrial Co., Ltd.;
Zhejiang Lantian Environmental Protection Fluoro Material Co. Ltd.;
Zhejiang Lishui Fuhua Chemical Co., Ltd.; Zhejiang Organic Fluor-
Chemistry Plant; Zhejiang Juhua Co., Ltd.; Zhejiang Quhua Fluor-
Chemistry Co., Ltd.; Zhejiang Quhua Juxin Fluorochemical Industry Co.,
Ltd.; Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.; Zhejiang
Quzhou Lianzhou Refrigerants Co., Ltd.; Zhejiang Sanmei Chemical
Industry Co., Ltd.; Zhejiang Zhiyang Chemical Co., Ltd.; Zhejiang
Zhonglan Refrigeration Technology Co., Ltd.; and Zibo Feiyuan Chemical
Co., Ltd.
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\20\ See Initiation Notice, 86 FR at 55812 (``All firms listed
below that wish to qualify for separate rate status in the
administrative reviews involving {non-market economy{time}
countries must complete, as appropriate, either a separate rate
application or certification, as described below.'').
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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 preliminary results, in accordance with 19 CFR
351.224(b). However, in this case, there are no calculations to
disclose.
Interested parties are invited to comment on the preliminary
determination of no shipments in this review. Case briefs or other
written comments may be submitted to Commerce no later than 30 days
after the date of publication of this notice.\21\ Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline for case briefs.\22\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\23\ An electronically-filed document must
be received successfully in its entirety via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) by 5 p.m. eastern time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\24\
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\21\ See 19 CFR 351.309(c).
\22\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
\23\ See 19 CFR 351.309(c)(2) and (d)(2).
\24\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\25\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing.\26\
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\25\ See 19 CFR 351.310(c).
\26\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\27\
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\27\ See section 751(a)(3)(A) of the Act.
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Assessment
Upon issuance of the final results of the administrative review,
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review.\28\ For the companies
which Commerce determined had no shipments of the subject merchandise
during the POR, any suspended entries of subject merchandise that
entered under any of these exporters' CBP case numbers during the POR
will be liquidated at the China-wide rate.\29\ In accordance with
section 751(a)(2)(C) of the Act, the final results of this review shall
be the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated antidumping duties, where applicable.
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\28\ See 19 CFR 351.212(b)(1).
\29\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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.
[[Page 54195]]
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 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 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 serves as a preliminary 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 to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) of the Act and 19 CFR 351.213(d).
Dated: August 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19061 Filed 9-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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