Notice2023-07113
Difluoromethane From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Intent To Rescind, in Part, of Antidumping Duty Administrative Review; 2020-2022
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
April 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole mandatory respondent under review made sales of difluoromethane (R-32) from the People's Republic of China (China) below normal value (NV) during the period of review (POR). Additionally, we are rescinding this review with respect to Huantai Dongyue International Trade Co., Ltd. (Huantai Dongyue) and preliminarily rescinding this review with respect to Zhejiang Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20486-20488]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07113]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-121]
Difluoromethane From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review, Partial Rescission,
and Preliminary Intent To Rescind, in Part, of Antidumping Duty
Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole mandatory respondent under review made sales
of difluoromethane (R-32) from the People's Republic of China (China)
below normal value (NV) during the period of review (POR).
Additionally, we are rescinding this review with respect to Huantai
Dongyue International Trade Co., Ltd. (Huantai Dongyue) and
preliminarily rescinding this review with respect to Zhejiang Sanmei
Chemical Ind. Co., Ltd. (Zhejiang Sanmei). Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Gill, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5673.
SUPPLEMENTARY INFORMATION:
Background
On May 13, 2022, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of
the antidumping duty order on R-32 from China.\1\ The POR is August 27,
2020, through February 28, 2022. On November 2, 2022, we extended the
preliminary results of this review to no later than March 31, 2023.\2\
For a complete description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 29280 (May 13, 2022); see also
Difluoromethane (R-32) from the People's Republic of China:
Antidumping Duty Order, 86 FR 13886 (March 11, 2021) (Order).
\2\ See Memorandum, ``Difluoromethane (R-32) from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review, 2020-2022,'' dated November
2, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of
Difluoromethane (R-32) from the People's Republic of China; 2020-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is difluoromethane (R-32), or
its chemical equivalent, regardless of form, type, or purity level.\4\
R-32 is classified under Harmonized Tariff Schedule of the United
States (HTSUS) subheading 2903.39.2035. Other merchandise subject to
the scope may be classified under 2903.39.2045 and 3824.78.0020. While
HTSUS subheadings are provided
[[Page 20487]]
for convenience and customs purposes, the written description of the
subject merchandise is dispositive.
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\4\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On July
20, 2022, Huantai Dongyue timely withdrew its request for an
administrative review.\5\ Because no other party requested a review of
Huantai Dongyue, we are rescinding the administrative review for this
company in accordance with 19 CFR 351.213(d)(1).
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\5\ See Huantai Dongyue's Letter, ``Withdrawal of Request for
Administrative Review'' dated July 20, 2022.
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Preliminary Intent To Rescind, in Part
It is Commerce's practice to rescind an administrative review
pursuant to 19 CFR 351.213(d)(3) when there are no reviewable entries
of subject merchandise during the POR subject to the antidumping duty
order and for which liquidation is suspended.\6\ At the end of an
administrative review, suspended entries are liquidated at the
assessment rate computed for the review period.\7\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate.
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\6\ See, e.g., Solid Fertilizer Grade Ammonium Nitrate from the
Russian Federation: Notice of Rescission of Antidumping Duty
Administrative Review, 77 FR 65532 (October 29, 2012); see also
Forged Steel Fittings from Taiwan: Preliminary Intent To Rescind the
Antidumping Duty Administrative Review; 2018-2019, 85 FR 44503 (July
23, 2020), unchanged in Forged Steel Fittings from Taiwan:
Rescission of Antidumping Duty Administrative Review; 2018-2019, 85
FR 71317 (November 9, 2020).
\7\ See 19 CFR 351.212(b)(l).
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While Zhejiang Sanmei requested an administrative review of
itself,\8\ the U.S. Customs and Border Protection Data (CBP) data on
the record of this review show no evidence that Zhejiang Sanmei had
suspended entries of subject merchandise during the POR,\9\ and we
received confirmation of this from CBP.\10\ As the record contains no
evidence of reviewable entries for Zhejiang Sanmei, we are
preliminarily rescinding the review with respect to Zhejiang Sanmei in
accordance with 19 CFR 351.213(d)(3).\11\
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\8\ See Zhejiang Sanmei's Letter, ``Request for Administrative
Review,'' dated March 31, 2022.
\9\ See Memorandum, ``Release of Customs Entry Data from U.S.
Customs and Border Protection (CBP),'' dated May 16, 2022.
\10\ See Memorandum, ``No Shipment Inquiry with Respect to
{Zhejiang Sanmei{time} During the Period 08/27/2020 Through 02/28/
2022,'' dated March 20, 2023.
\11\ For additional information regarding this preliminary
intent to rescind, see the Preliminary Decision Memorandum.
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Preliminary Affiliation and Single Entity Determination
Based on record evidence in this review, Commerce preliminarily
finds that the following companies are affiliated, pursuant to section
771(33)(F) of the Tariff Act of 1930, as amended (the Act): Taizhou
Qingsong Refrigerant New Material Co., Ltd. (Taizhou Qingsong), Taixing
Meilan New Materials Co., Ltd. (Taixing Meilan), and Jiangsu Meilan
Chemical Co., Ltd. Furthermore, pursuant to 19 CFR 351.401(f)(1)-(2),
we find that Taizhou Qingsong and Taixing Meilan should be treated as a
single entity (collectively, Qingsong). For additional information, see
the Affiliation and Collapsing Memorandum.\12\
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\12\ See Memorandum, ``Affiliation and Single Entity Status--
Taizhou Qingsong Refrigerant New Materials Co., Ltd. and Taixing
Meilan New Materials Co., Ltd.,'' dated concurrently with this
memorandum (Affiliation and Collapsing Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
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>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an Appendix to this notice.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period August 27, 2020, through February
28, 2022:
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Weighted-
average dumping
Producer or exporter margin
(percent)
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Taizhou Qingsong Refrigerant New Material Co., Ltd.; 160.65
Taixing Meilan New Materials Co., Ltd.................
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\13\
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\13\ See 19 CFR 351.106(c)(2).
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Pursuant to 19 CFR 351.212(b)(1), Commerce calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those sales. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.\14\
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\14\ Id.
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Pursuant to Commerce's assessment practice,\15\ for entries that
were not reported in the U.S. sales data submitted by Qingsong, we will
instruct CBP to liquidate such entries at the China-wide rate. For
Zhejiang Sanmei, if Commerce rescinds the review for this company in
the final results, then antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption,
during the POR, in accordance with 19 CFR 351.212(c)(1)(i).
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\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Finally, for Huantai Dongyue, the respondent for which we are
rescinding the review, antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption,
during the POR, in accordance with 19 CFR 351.212(c)(1)(i).
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 review and
for future deposits of
[[Page 20488]]
estimated antidumping duties, where applicable.
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. 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 administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the publication date of the final results
of review, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Qingsong will be equal to the weighted-average
dumping margin established in the final results of this review (except,
if the dumping margin is zero or de minimis, then the cash deposit rate
will be zero); (2) for a previously investigated or reviewed exporter
of subject merchandise not listed in the final results of review that
has a separate rate, the cash deposit rate will continue to be the
exporter's existing cash deposit rate; (3) for all Chinese exporters of
subject merchandise that do not have a separate rate, the cash deposit
rate will be the cash deposit rate established for the China-wide
entity, 221.06 percent; \16\ and (4) for all exporters of subject
merchandise that are not located in China and that are not eligible for
a separate rate, the cash deposit rate will be the rate applicable to
the China exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\16\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019).
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\17\
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\17\ See 19 CFR 351.224(b).
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Public Comment
Interested parties may submit case briefs to Commerce no later than
seven days after the date of the verification report issued in this
administrative review.\18\ Rebuttal briefs, limited to issues raised in
the case briefs, may be filed no later than seven days after the time
limit for filing case briefs.\19\ 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.\20\ Case and rebuttal briefs
should be filed using ACCESS.\21\
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\18\ See 19 CFR 351.309(c).
\19\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
\21\ See 19 CFR 351.303.
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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, filed electronically via
ACCESS within 30 days after the date of publication of this notice.\22\
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. Oral presentations at 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.\23\
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\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\24\
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\24\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also 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) and 777(i)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Intent to Rescind, In Part
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-07113 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 6, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.