Notice2023-22451
Difluoromethane From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Partial Rescission; 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
October 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the sole mandatory respondent under review, Taizhou Qingsong Refrigerant New Material Co., Ltd./Taixing Meilan New Materials Co., Ltd. (collectively, Qingsong), made sales of subject merchandise at prices below normal value during the period of review (POR) August 27, 2020, through February 28, 2022. Additionally, we are rescinding this review with respect to Zhejiang Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei).
Full Text
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<title>Federal Register, Volume 88 Issue 196 (Thursday, October 12, 2023)</title>
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[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70643-70644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22451]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-121]
Difluoromethane From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Partial
Rescission; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
sole mandatory respondent under review, Taizhou Qingsong Refrigerant
New Material Co., Ltd./Taixing Meilan New Materials Co., Ltd.
(collectively, Qingsong), made sales of subject merchandise at prices
below normal value during the period of review (POR) August 27, 2020,
through February 28, 2022. Additionally, we are rescinding this review
with respect to Zhejiang Sanmei Chemical Ind. Co., Ltd. (Zhejiang
Sanmei).
DATES: Applicable October 12, 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 April 6, 2023, Commerce published the Preliminary Results.\1\ On
June 30, 2023, we extended the deadline for these final results to
October 3, 2023.\2\ For a complete description of the events that
occurred subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\3\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See 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, 88 FR 20473
(April 6, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated June 30, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Difluoromethane from the People's Republic of China; 2020-2022,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See Difluoromethane (R-32) from the People's Republic of
China: Antidumping Duty Order, 86 FR 13886 (March 11, 2021) (Order).
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The merchandise covered by the Order is difluoromethane (R-32), or
its chemical equivalent, regardless of form, type, or purity level.\5\
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 for convenience and customs purposes,
the written description of the subject merchandise is dispositive.
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\5\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum.
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Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs
in the Issues and Decision Memorandum. A list of the issues that
parties raised is provided in the 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>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the margin calculations for Qingsong.\6\
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\6\ For a full description of these changes, see Issues and
Decision Memorandum.
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Partial Rescission
In the Preliminary Results, we notified parties of our intent to
rescind this administrative review for Zhejiang Sanmei because it did
not have any reviewable entries during the POR.\7\ Because we continue
to find that the record does not contain any evidence of reviewable
entries for Zhejiang Sanmei, we are rescinding this review with respect
to Zhejiang Sanmei in accordance with 19 CFR 351.213(d)(3).
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\7\ See Preliminary Results, 88 FR 20487.
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Final Results of Review
As a result of this review, we are assigning the following dumping
margin to the respondent for the period August 27, 2020, through
February 28, 2022:
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Dumping margin
Exporter (percent)
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Taizhou Qingsong Refrigerant New Material Co., Ltd.; 145.23
Taixing Meilan New Materials Co., Ltd.................
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce determined, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results. 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
[[Page 70644]]
statutory injunction has expired (i.e., within 90 days of publication).
Pursuant to Commerce's assessment practice,\8\ 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, the respondent for which we are rescinding the
administrative 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).
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\8\ 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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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 dumping margin
established in the final results of this review; (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; \9\ 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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\9\ See Order, 86 FR at 13886.
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Notification to Importers
This notice also 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 occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as the final reminder to parties subject to
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). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5).
Dated: October 3, 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. Margin Calculations
IV. Discussion of the Issues
Comment 1: Selection of Surrogate Country and Surrogate Values
Comment 2: Whether To Apply Partial Adverse Facts Available
(AFA) to Qingsong's Energy Factors of Production (FOPs)
Comment 3: Whether To Grant a By-Product Offset to Qingsong
Comment 4: Whether to Account for Qingsong's Bank Charges
Comment 5: Whether Zhejiang Sanmei Chemical Industries Co., Ltd.
(Zhejiang Sanmei) is Part of the China-Wide Entity
V. Recommendation
[FR Doc. 2023-22451 Filed 10-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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