Notice2024-04977
Hydrofluorocarbon Blends From the People's Republic of China: Final 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
March 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the sole mandatory respondent, Zhejiang Sanmei Chemical Industry Co., Ltd. (Sanmei) sold 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.
Full Text
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<title>Federal Register, Volume 89 Issue 47 (Friday, March 8, 2024)</title>
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[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Notices]
[Pages 16724-16726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04977]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Final 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) determines that the
sole mandatory respondent, Zhejiang Sanmei Chemical Industry Co., Ltd.
(Sanmei) sold 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.
DATES: Applicable March 8, 2024.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao, 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) 482-2273.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2023, Commerce published in the Federal Register
the Preliminary Results \1\ of the 2021-2022 administrative review of
the antidumping duty order on HFC blends from China \2\ and invited
interested parties to comment.\3\ Subsequent to the Preliminary
Results, we received case briefs and rebuttal briefs from Sanmei and
the American HFC Coalition (the petitioner).\4\ On December 6, 2023, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for issuing these
final results until March 1, 2024.\5\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\6\
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\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2022, 88 FR 60926 (September 6, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
(Order).
\3\ See Preliminary Results, 88 FR at 60926.
\4\ See Petitioner's Letter, ``Case Brief of the HFC
Coalition,'' dated October 20, 2023; and Sanmei's Letter, ``Zhejiang
Sanmei's Case Brief,'' dated October 20, 2023; see also Petitioner's
Letter, ``Rebuttal Brief on behalf of the American HFC Coalition,''
dated November 1, 2023; and Sanmei's Letter ``Zhejiang Sanmei's
Rebuttal Brief,'' dated November 1, 2023.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 6, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2021-2022 Administrative Review of the Antidumping Duty Order
on Hydrofluorocarbon Blends from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order
The products subject to the Order are HFC blends from China. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.\7\
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\7\ Id.
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Analysis of Comments Received
All issues raised in briefs filed by parties in this administrative
review are
[[Page 16725]]
addressed in the Issues and Decision Memorandum and are listed in
Appendix I to this notice. The Issues and Decision Memorandum is a
public document and 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>.
Separate Rate
Commerce preliminarily determines that one respondent, Sanmei, the
only company individually examined in this review, is eligible to
receive a separate rate in this review.\8\
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\8\ See Preliminary Results at ``Separate Rates'' section.
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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\
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\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, 87 FR at 61285, (stating
``{a{time} ll 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.''); 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.
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Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes to the margin calculations for Sanmei.\12\
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\12\ See Issues and Decision Memorandum.
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Final Results of Review
For the company subject to this review that established its
eligibility for a separate rate, Commerce determines that the following
estimated weighted-average dumping margin exists for the period August
31, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Zhejiang Sanmei Chemical Industry Co., Ltd................. 101.14
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
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 of subject merchandise in accordance with the final results of
this review.
For Sanmei, Commerce will calculate importer-specific assessment
rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1).
Where the respondent reported reliable entered values, Commerce intends
to calculate importer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer and dividing this amount by the total entered value of the
merchandise sold to the importer. Where the respondent did not report
entered values, Commerce will calculate importer-specific assessment
rates by dividing the amount of dumping for reviewed sales to the
importer by the total quantity of those sales. Commerce will calculate
an estimated ad valorem importer-specific assessment rate to determine
whether the per-unit assessment rate is de minimis; however, Commerce
will use the per-unit assessment rate where entered values were not
reported. Where an importer-specific ad valorem assessment rate is not
zero or de minimis, Commerce will instruct CBP to collect the
appropriate duties at the time of liquidation. Where either the
respondent's weighted average dumping margin is zero or de minimis, or
an importer-specific ad valorem assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\13\
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\13\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales database
submitted by the exporter individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate.\14\
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\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Commerce determined that the companies listed in Appendix II did
not qualify for a separate rate. Therefore, we will instruct CBP to
assess antidumping duties on entries of subject merchandise from these
entities at 216.37 percent, the established weighted-average dumping
margin for the China-wide entity.
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 this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) for the exporter
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review;
(2) for previously investigated or reviewed Chinese and non-Chinese
exporters not listed above that currently have a separate rate, the
cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding
where the exporter received that separate 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., 216.37 percent); and (4) for all non-
Chinese exporters of subject merchandise that have not received their
own separate rate, the cash deposit
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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.
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 terms
of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review 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)(2).
Dated: March 1, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: Selection of Surrogate Financial Statements
Comment 3: Trichloroethylene (TCE) Surrogate Value
Comment 4: Certain Errors in Preliminary Margin Calculation
Comment 5: By-Product Offsets
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. 2024-04977 Filed 3-7-24; 8:45 am]
BILLING CODE 3510-DS-P
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