Notice2023-19044
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final 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
September 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that 1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China (China) was sold in the United States at less than normal value during the period of review (POR), April 1, 2021, through March 31, 2022. In addition, Commerce determines that certain companies had no shipments during the POR or did not establish their eligibility for a separate rate.
Full Text
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<title>Federal Register, Volume 88 Issue 170 (Tuesday, September 5, 2023)</title>
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[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60639-60640]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19044]
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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 Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China
(China) was sold in the United States at less than normal value during
the period of review (POR), April 1, 2021, through March 31, 2022. In
addition, Commerce determines that certain companies had no shipments
during the POR or did not establish their eligibility for a separate
rate.
DATES: Applicable September 5, 2023.
FOR FURTHER INFORMATION CONTACT: Patrick Barton or David Lindgren, 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 or (202)
482-1671, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 3, 2023, Commerce published the Preliminary Results of this
review in the Federal Register and invited interested parties to
comment on those results.\1\ For a summary of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this administrative review in
accordance with section 751(a)(1)(B) 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, Partial Rescission, and Preliminary
Determination of No Shipments; 2021-2022, 88 FR 27861 (May 3, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final 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 (Issues and
Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ 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).
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The merchandise covered by the Order is R-134a from China. For a
complete description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached at Appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily found that T.T.
International Co., Ltd. (TTI) had no shipments of subject merchandise
during the POR. Following the publication of the Preliminary Results,
we received no comments from interested parties regarding TTI, nor has
any party submitted record evidence which would call our preliminary
determination of no shipments into question. Therefore, for the final
results, we continue to find that TTI had no shipments of subject
merchandise during the POR. Accordingly, we will issue appropriate
instructions that are consistent with our ``automatic assessment''
clarification for TTI.\4\
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\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement); see also ``Assessment Rates'' section, below.
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The China-Wide Entity
Aside from the company for which we made a final no-shipment
determination, Commerce considers all other companies for which a
review was requested, and which did not demonstrate separate rate
eligibility, to be part of the China-wide entity. Specifically, because
Zhejiang Quhua Fluor-Chemistry Co., Ltd. (Zhejiang Quhua) did not
establish its eligibility for a separate rate in this administrative
review, we consider Zhejiang Quhua to be part of the China-wide entity.
Because no party requested a review of the China-wide entity, and
Commerce no longer considers the China-wide entity as an exporter
conditionally subject to administrative reviews,\5\ we did not conduct
a review of the China-wide entity. Thus, the weighted-average dumping
margin for the China-wide entity rate (i.e., 167.02 percent) is not
subject to change.\6\
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\5\ 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, 65969-70 (November
4, 2013).
\6\ See Order, 82 FR at 18423.
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Final Results of Review
Commerce determines 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 147.08
Sanmei Chemical Ind. Co., Ltd./Fujian Qingliu
Dongying Chemical Ind. Co. Ltd.....................
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[[Page 60640]]
Disclosure
There are no calculations to disclose in accordance with 19 CFR
351.224(b) for these final results.
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), where
the respondent reported the entered value of its U.S. sales, we
calculated importer-specific antidumping duty assessment rates by
aggregating the total amount of dumping calculated for the examined
sales of each importer and dividing each of these amounts by the total
entered value associated with those sales. Where the respondent did not
report entered value, we calculated the entered value in order to
calculate the assessment rate. 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 assessment rate is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For the company identified as part of the China-wide entity
(Zhejiang Quhua), we will instruct CBP to apply an ad valorem
assessment rate of 167.02 percent to all POR entries of subject
merchandise which was exported by this company. Pursuant to a
refinement in our non-market economy practice, for sales that were not
reported in the U.S. sales data submitted by Zhejiang Sanmei Chemical
Ind. Co., Ltd. during this review, we will instruct CBP to liquidate
entries associated with those sales at the rate for the China-wide
entity.\7\ Furthermore, where we found that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
cash deposit rate) will be liquidated at the rate for the China-wide
entity.\8\
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\7\ See Assessment Practice Refinement, 76 FR at 65694 for a
full discussion of this practice.
\8\ Id.
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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. 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 the 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) the cash deposit rates for the companies
identified above in the ``Final Results of Review'' section will be
equal to the company-specific weighted-average dumping margin
established in the final results of this administrative review; (2) for
previously examined China and non-China exporters not listed above that
have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recently completed
segment of this proceeding; (3) for all China 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 non-China exporters of subject
merchandise which have not received their own separate rate, the cash
deposit rate will be the rate applicable to the China exporter that
supplied that non-China exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction 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 written notification of the return or
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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: August 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Surrogate Country Selection
Comment 2: Surrogate Financial Statements Selection
Comment 3: TCE Surrogate Value
Comment 4: BHF Surrogate Value
Comment 5: By-Product Offsets
V. Recommendation
[FR Doc. 2023-19044 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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