Notice2023-19120
Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 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 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 did not make sales of Hydrofluorocarbon Blends (HFC blends) from the People's Republic of China (China) at less than normal value (NV) during the period of review (POR), August 31, 2021, through July 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 171 (Wednesday, September 6, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60926-60928]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19120]
-----------------------------------------------------------------------
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; 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 did not make
sales of Hydrofluorocarbon Blends (HFC blends) from the People's
Republic of China (China) at less than normal value (NV) during the
period of review (POR), August 31, 2021, through July 31, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable September 6, 2023.
FOR FURTHER INFORMATION CONTACT: Alex Wood, 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) 482-1959.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, Commerce published the antidumping duty (AD)
order on HFC blends from China.\1\ On August 2, 2022, Commerce
published a notice of opportunity to request an administrative review
of the Order, covering the POR, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act).\2\ On October 11, 2022, based
on timely requests for review from American HFC Coalition and Zhejiang
Sanmei Chemical Industry Co., Ltd. (Sanmei),\3\ Commerce initiated an
administrative review of the Order covering the POR.\4\ The
administrative review covers 17 companies,\5\ including the mandatory
respondent, Sanmei. On April 10, 2023, Commerce extended the deadline
for the preliminary results of this review to no later than August 31,
2023.\6\
---------------------------------------------------------------------------
\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 and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See HFC Coalition's Letter, ``Request for Administrative
Review,'' dated August 31, 2022; see also Sanmei's Letter, ``Request
for Administrative Review,'' dated August 31, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022) (Initiation
Notice).
\5\ The Initiation Notice listed 18 companies. However, Zhejiang
Sanmei Chemical Ind. Co., Ltd. is the same company as Zhejiang
Sanmei Chemical Industry Co., Ltd.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
April 10, 2023.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are shipments of HFC blends from
China. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review of
Hydrofluorocarbon Blends from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Separate Rate
Commerce preliminarily determines that one respondent, Sanmei, the
only company individually examined in this
[[Page 60927]]
review, is eligible to receive a separate rate in this review.\8\
---------------------------------------------------------------------------
\8\ Id. at ``Separate Rates'' section.
---------------------------------------------------------------------------
China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\9\ 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 in this review, the entity is not under review, and the
entity's rate (i.e., 216.37 percent) is not subject to change.\10\
Commerce considers the 16 companies for which a review was requested
(which did not file a separate rate application or did not demonstrate
separate rate eligibility) listed in Appendix II to this notice, to be
part of the China-wide entity.\11\
---------------------------------------------------------------------------
\9\ 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).
\10\ See Order.
\11\ See Initiation Notice (``All firms listed below that wish
to qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.''),
87 FR at 61285; see also Appendix II, infra, for the list of
companies that are subject to this administrative review that are
considered to be part of the China-wide entity.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export price in accordance with
section 772 of the Act. Because China is an NME country within the
meaning of section 771(18) of the Act, we calculated normal value in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
preliminary results, see the Preliminary Decision Memorandum.\12\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. 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 found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\12\ See Preliminary Decision Memorandum at ``Discussion of the
Methodology.''
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period August 31, 2021, through
July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Sanmei Chemical Industry Co., Ltd....................... 0.00
------------------------------------------------------------------------
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.\13\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Public Comment
Case briefs or other written comments may be submitted to Commerce
no later than 30 days after the date of publication of this notice.\14\
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.\15\ 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.\16\ Case and rebuttal briefs should be filed using
ACCESS.\17\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\18\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309(c).
\15\ See 19 CFR 351.309(c); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See 19 CFR 351.303.
\18\ See Temporary Rule.
---------------------------------------------------------------------------
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 ACCESS within 30 days after the date of publication
of this notice.\19\ 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, Commerce intends to hold the hearing at a date and
time to be determined.\20\ Parties should confirm by telephone the date
and time of the hearing two days before the scheduled date. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
---------------------------------------------------------------------------
\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless the deadline is extended, 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.\21\
---------------------------------------------------------------------------
\21\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\22\ If the
preliminary results are unchanged for the final results, we will
instruct CBP to apply an ad valorem assessment rate of 216.37 percent
to all entries of subject merchandise during the POR which were
exported by the companies considered to be a part of the China-wide
entity listed in Appendix II of this notice.
---------------------------------------------------------------------------
\22\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
If the individually examined respondent's weighted-average dumping
margin is above de minimis (i.e., 0.50 percent) in the final results of
this review, we will calculate an importer-specific assessment rate on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and, where possible, the total entered
value of those same sales in accordance with 19 CFR 351.212(b)(1).\23\
Where an importer- (or customer-) specific ad valorem rate is zero or
de minimis, we will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\24\
---------------------------------------------------------------------------
\23\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\24\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries that were not reported in the U.S. sales database
submitted by exporter individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate.\25\
---------------------------------------------------------------------------
\25\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
[[Page 60928]]
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after 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 this administrative review for all
shipments of the subject merchandise 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) for the subject
merchandise exported by the company listed above that has a separate
rate, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of this administrative
review (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (2) for previously investigated or reviewed
Chinese and 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; (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 that
for the China-wide entity; and (4) 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. These 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) 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 of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(4).
Dated: August 29, 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. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II--Companies Considered To Be Part of the China-Wide Entity
1. Changzhou Vista Chemical Co., Ltd.
2. Daikin Fluorochemicals (China) Co., Ltd.
3. Dongyang Weihua Refrigerants Co., Ltd.
4. Hangzhou Icetop Refrigeration Co., Ltd.
5. Jiangsu Sanmei Chemicals Co., Ltd.
6. Oasis Chemical Co., Limited
7. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
8. Superfy Industrial Limited
9. Tianjin Synergy Gases Products, Co., Ltd.
10. Weitron International Refrigeration Equipment (Kunshan) Co.,
Ltd.
11. Weitron International Refrigeration Equipment Co., Ltd.
12. Yangfar Industry Co., Ltd
13. Zhejiang Lantian Environmental Protection Fluoro Material Co.
Ltd
14. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd
15. Zhejiang Yonghe Refrigerant Co., Ltd
16. Zhejiang Zhonglan Refrigeration Technology Co., Ltd
[FR Doc. 2023-19120 Filed 9-5-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 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.