1,1,1,2-Tetrafluoroethane From the People's Republic of China: Continuation of Antidumping Duty Order
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Issuing agencies
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on 1,1,1,2- Tetrafluoroethane (R-134a) from the People's Republic of China (China) would likely lead to a 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 209 (Monday, October 31, 2022)</title>
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[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Notices]
[Page 65572]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23639]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-044]
1,1,1,2-Tetrafluoroethane 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 U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on 1,1,1,2-
Tetrafluoroethane (R-134a) from the People's Republic of China (China)
would likely lead to a 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 October 31, 2022.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, 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) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2017, Commerce published the AD order on R-134a from
China.\1\ On March 1, 2022, Commerce initiated the first five-year
(sunset) review of the Order pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).\2\ As a result of its review,
Commerce determined that revocation of the Order would likely lead to a
continuation or recurrence of dumping and, therefore, notified the ITC
of the magnitude of the margins likely to prevail should the Order be
revoked.\3\ On October 25, 2022, the ITC published its determination,
pursuant to section 751(c) of the Act, that revocation of the Order
would likely lead to a continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\4\
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\1\ See 1,1,1,2-Tetrafluoroethane (R-134a) from the People's
Republic of China: Antidumping Duty Order, 82 FR 18422 (April 19,
2017) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416
(March 1, 2022).
\3\ See 1,1,1,2-Tetrafluoroethane (R-134a) from the People's
Republic of China: Final Results of the First Expedited Sunset
Review of the Antidumping Duty Order, 87 FR 40498 (July 7, 2022),
and accompanying Issues and Decision Memorandum.
\4\ See 1,1,1,2-Tetrafluoroethane (R-134a) from China, 87 FR
64521 (October 25, 2022); see also 1,1,1,2-Tetrafluoroethane (R-
134a) from China, Inv. No. 731-TA-1313 (Review), USITC Pub. 5378
(October 2022).
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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.\5\
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\5\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron
134a (Honeywell); FreonTM 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.
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
recurrence of dumping and 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 also serves as the only reminder to parties subject to
an 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 or conversion to judicial
protective order is hereby requested. Failure to comply is a violation
of the APO which may be subject to sanctions.
Notification to Interested Parties
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: October 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-23639 Filed 10-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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