Notice2023-09349
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Determination of No Shipments; 2021-2022
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
May 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole mandatory respondent under review sold subject merchandise at less than normal value (NV) during the period of review (POR) April 1, 2021, through March 31, 2022. Additionally, Commerce preliminarily finds that one company had no shipments of subject merchandise during the POR and that it is appropriate to rescind this review with respect to 22 companies because all requests for review of these companies were withdrawn. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 85 (Wednesday, May 3, 2023)</title>
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[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Pages 27861-27864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09349]
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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: Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission, and Preliminary Determination of No Shipments;
2021-2022
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 sold subject
merchandise at less than normal value (NV) during the period of review
(POR) April 1, 2021, through March 31, 2022. Additionally, Commerce
preliminarily finds that one company had no shipments of subject
merchandise during the POR and that it is appropriate to rescind this
review with
[[Page 27862]]
respect to 22 companies because all requests for review of these
companies were withdrawn. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable May 3, 2023.
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 in the Federal Register the
antidumping duty (AD) order on 1,1,1,2-Tetrafluoroethane (R-134a) from
the People's Republic of China (China).\1\ On June 9, 2022, pursuant to
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative review of Order.<SUP>2</SUP> The
review covers 25 companies, including mandatory respondent Zhejiang
Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei).\3\
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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 Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022) (Initiation
Notice).
\3\ We have preliminarily determined to treat Zhejiang Sanmei,
Jiangsu Sanmei Chemical Ind. Co., Ltd. (Jiangsu Sanmei), and Fujian
Qingliu Dongying Chemical Ind. Co., Ltd. (Fujian Qingliu) as a
single entity for purposes of this administrative review. For
further discussion, see Memorandum, ``Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review:
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of
China; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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For events that occurred since the Initiation Notice and the
analysis behind the preliminary results herein, see the Preliminary
Decision Memorandum.\4\ 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="https://access.trade.gov">https://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 topics
discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice.
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\4\ See Preliminary Decision Memorandum.
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Scope of the Order <SUP>5</SUP>
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\5\ See Order.
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The product covered by the Order is R-134a from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce 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 the notice of initiation of the requested review. On
September 7, 2022, the American HFC Coalition (the petitioner) timely
withdrew its review request for 22 companies listed in the Initiation
Notice. No other parties requested a review of these companies.
Accordingly, pursuant to 19 CFR 351.213(d)(1), Commerce is rescinding
the administrative review with respect to the companies listed in
Appendix II. Zhejiang Sanmei, T.T. International Co., Ltd. (TTI), and
Zhejiang Quhua Fluor-Chemistry Co., Ltd. (Zhejiang Quhua) remain under
review.\6\
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\6\ See Preliminary Decision Memorandum; see also Petitioner's
Letter, ``Partial Withdrawal of Request for Administrative Review of
Antidumping Duty Order,'' dated September 7, 2022.
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Preliminary Determination of No Shipments
We preliminarily determine that TTI had no shipments of subject
merchandise during the POR. Consistent with our practice in non-market
economy (NME) cases, Commerce is not rescinding this review with
respect to TTI but, rather, we intend to complete the review and issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
based on the final results of the review.\7\ For further discussion,
see the Preliminary Decision Memorandum.
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
AD Assessment).
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Separate Rates
We preliminarily determine that the Zhejiang Sanmei single entity
is entitled to separate rate status. Moreover, because Zhejiang Quhua
did not submit a separate rate application or certification, we
preliminarily find that the company has not established its eligibility
for a separate rate.
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\8\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, the entity is not
under review, and the entity's rate, i.e., 167.02 percent, is not
subject to change.\9\ Because Zhejiang Quhua did not establish its
eligibility for a separate rate in this administrative review, we
preliminarily consider Zhejiang Quhua to be part of the China-wide
entity.
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\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\9\ See Order, 82 FR at 18423.
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Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated
export prices for Zhejiang Sanmei in accordance with section 772(a) of
the Act. Because China is an NME within the meaning of section 771(18)
of the Act, we calculated NV in accordance with section 773(c) of the
Act. For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period April 1, 2021, through March 31,
2022:
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Weighted-
average
Exporter dumping
margin
(percent)
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Zhejiang Sanmei Chemical Ind. Co., Ltd./Jiangsu Sanmei 147.08
Chemical Ind. Co., Ltd./Fujian Qingliu Dongying Chemical
Ind. Co. Ltd..............................................
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[[Page 27863]]
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\10\ Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than seven days after the deadline date for
case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs in this review 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. Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS \12\ and must be
served on interested parties.\13\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\14\
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\10\ See 19 CFR 351.309(c).
\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\12\ See generally 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically via Commerce's electric records system, ACCESS. An
electronically-filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\15\ Requests should contain the party's
name, address, and telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined.\16\ Parties
should confirm by telephone the date and time of the hearing two days
before the scheduled date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce
intends to issue assessment instructions to CBP 35 days after the
publication of the final results of this review. 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).
If the ad valorem weighted-average dumping margin for the Zhejiang
Sanmei, Jiangsu Sanmei, and Fujian Qingliu single entity is not zero or
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\17\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific ad valorem assessment rate calculated
in the final results of this review is not zero or de minimis.
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\17\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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In addition, if in the final results we continue to find no
shipments of subject merchandise for TTI, any suspended entries of
subject merchandise associated with TTI will be liquidated at the
China-wide rate.\18\
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\18\ See NME AD Assessment.
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For the companies for which the administrative review is rescinded,
antidumping duties shall be assessed at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i). We intend to issue appropriate assessment
instructions to CBP with respect to the companies for which this
administrative review is rescinded 35 days after the publication of
this notice in the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rate for the Zhejiang Sanmei, Jiangsu Sanmei, and Fujian Qingliu single
entity will be that rate established in the final results of this
review (except, if the rate is de minimis, then a cash deposit rate of
zero will be required); (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 have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity (i.e., 167.02 percent); and (4) for all exporters
of subject merchandise that are not located in China and are not
eligible for a separate rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
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 the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
and 19 CFR 351.213(d)(4), 19 CFR 351.213(h)(1), and 19 CFR
351.221(b)(4).
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Dated: April 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Respondent Selection
VI. Partial Rescission of Administrative Review
VII. Preliminary Determination of No Shipments
VIII. Single Entity Treatment
IX. Discussion of the Methodology
X. Recommendation
Appendix II
Companies for Which the Administrative Review Is Being Rescinded
1. Electrochemical Factory of Zhejiang Juhua Co., Ltd.
2. Fujian Qingliu Dongying Chemical Ind. Co., Ltd.
3. Hongkong Richmax Ltd.
4. Huantai Dongyue International Trade Co. Ltd.
5. Jiangsu Bluestar Green Technology Co., Ltd.
6. Jiangsu Sanmei Chemicals Co., Ltd.
7. Jinhua Binglong Chemical Technology Co., Ltd.
8. Jinhua Yonghe Fluorochemical Co., Ltd.
9. Puremann, Inc.
10. Shandong Dongyue Chemical Co., Ltd.
11. Shandong Huaan New Material Co., Ltd.
12. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
13. Weitron International Refrigeration Equipment (Kunshan) Co.,
Ltd. (aka Weichang Refrigeration Equipment (Kunshan) Co., Ltd.)
14. Zhejiang Juhua Co., Ltd.
15. Zhejiang Morita New Materials Co., Ltd.
16. Zhejiang Organic Fluor-Chemistry Plant, Zhejiang Juhua Co., Ltd.
17. Zhejiang Quhua Juxin Fluorochemical Industry Co., Ltd.
18. Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.
19. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.
20. Zhejiang Yonghe Refrigerant Co., Ltd.
21. Zhejiang Zhonglan Refrigeration Technology Co., Ltd.
22. Zibo Feiyuan Chemical Co., Ltd.
[FR Doc. 2023-09349 Filed 5-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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