Notice2024-07069
Pentafluoroethane (R-125) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2023
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
April 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Pentafluoroethane (R-125) from the People's Republic of China (China) was sold in the United States at prices below normal value (NV) during the period of review (POR), August 17, 2021, through February 28, 2023. Additionally, we are rescinding this administrative review in part with respect to two companies for which all review requests were withdrawn. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 89 Issue 65 (Wednesday, April 3, 2024)</title>
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[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22997-22999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07069]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-137]
Pentafluoroethane (R-125) From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Pentafluoroethane (R-125) from the People's Republic of China
(China) was sold in the United States at prices below normal value (NV)
during the period of review (POR), August 17, 2021, through February
28, 2023. Additionally, we are rescinding this administrative review in
part with respect to two companies for which all review requests were
withdrawn. We invite interested parties to comment on these preliminary
results of review.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Hart or Samantha Kinney, 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) 482-1058 or (202) 482-2285,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2022, Commerce published in the Federal Register the
antidumping duty (AD) order on R-125 from China.\1\ On March 2, 2023,
Commerce published in the Federal Register 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 May 9, 2023, based on timely requests for review from
Huantai Dongyue International Trade Co., Ltd. (Huantai Dongyue),
Shandong Dongyue Chemical Co., Ltd. (Shandong Dongyue), Zhejiang Sanmei
Chemical Ind. Co., Ltd. (Zhejiang Sanmei), and Zhejiang Yonghe
Refrigerant Co., Ltd. (Zhejiang Yonghe),\3\ Commerce initiated an
administrative review of the Order covering four companies,\4\
including the two mandatory respondents, Zhejiang Yonghe and Zhejiang
Sanmei. On November 21, 2023, Commerce extended the deadline for the
preliminary results of this review until March 29, 2024.\5\
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\1\ See Pentafluoroethane (R-125) from the People's Republic of
China: Antidumping and Countervailing Duty Orders, 87 FR 12081
(March 3, 2022) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 13091 (March 2,
2023).
\3\ See Huantai Dongyue's Letter, ``Request for Administrative
Review,'' dated March 31, 2023; Shandong Dongyue's Letter, ``Request
for Administrative Review,'' dated March 31, 2023; Zhejiang Sanmei's
Letter, ``Request for Administrative Review,'' dated March 31, 2023;
and Zhejiang Yonghe's Letter, ``Request for Administrative Review,''
dated March 31, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29887 (May 9, 2023) (Initiation
Notice). The Initiation Notice listed five companies. However,
Zhejiang Sanmei Chemical Ind. Co., Ltd. is the same company as
Zhejiang Sanmei Chemical Industry Co., Ltd.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated November
21, 2023.
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Scope of the Order
The product covered by the Order is R-125 from China. For a full
description of the scope of the Order, see the Preliminary Decision
Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2023 Antidumping Duty Administrative Review of
Pentafluoroethane (R-125) from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Rescission of Review, In Part
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
June 18 and July 18, 2023, Huantai Dongyue and Shandong Dongyue each
timely withdrew its request for review of itself, respectively.\7\
Because no other parties requested a review of these two companies,
Commerce is rescinding the administrative review in part, with respect
to these companies. See the Preliminary Decision Memorandum for further
discussion.
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\7\ See Huantai Dongyue's Letter, ``Withdrawal of Request for
Administrative Review,'' dated June 18, 2023; see also Shandong
Dongyue's Letter, ``Withdrawal of Request for Administrative Review
and Request Suspension of Deadlines,'' dated July 18. 2023.
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Separate Rates
Commerce preliminarily determines that the Sanmei Companies \8\ and
the Yonghe Companies,\9\ the two companies individually examined in
this review, are eligible to receive separate rates in this review.\10\
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\8\ We preliminarily find that the following affiliated
companies should be collapsed and treated as a single entity:
Zhejiang Sanmei; Jiangsu Sanmei Chemical Ind. Co., Ltd.; and Fujian
Qingliu Dongying Chemical Ind. Co., Ltd. (collectively, Sanmei
Companies). For further discussion, see Memorandum, ``Affiliation
and Single Entity Determination for Zhejiang Sanmei Chemical Ind.
Co., Ltd.,'' dated concurrently with this notice.
\9\ We preliminarily find that the following affiliated
companies should be collapsed and treated as a single entity:
Zhejiang Yonghe; Jinhua Yonghe Flurine Chemical Co., Ltd.; Inner
Mongolia Yonghe Fluorochemical Co., Ltd.; and Shaowu Yonge Jintag
new material Co., Ltd. (collectively, Yonghe Companies). For further
discussion, see Memorandum, ``Affiliation and Single Entity
Determination for Zhejiang Yonghe Refrigerant Co., Ltd.,'' dated
concurrently with this notice.
\10\ See Preliminary Decision Memorandum at ``Separate Rate
Recipients'' section.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\11\ 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., 267.51 percent) is not subject to change.\12\
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\11\ 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).
\12\ See Order.
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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 a non-market economy country
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 our
preliminary results, see the Preliminary Decision Memorandum.\13\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix 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
[[Page 22998]]
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>.
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\13\ See Preliminary Decision Memorandum at ``Discussion of the
Methodology'' section.
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 17, 2021, through
February 28, 2023:
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Weighted-average
Exporter dumping margin
(percent)
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Zhejiang Sanmei Chemical Ind. Co., Ltd.; Fujian 24.62
Qingliu Dongying Chemical Co., Ltd.; Jiangsu Sanmei
Chemical Ind. Co., Ltd..............................
Zhejiang Yonghe Refrigerant Co., Ltd.; Jinhua Yonghe 281.30
Fluorine Chemical Co., Ltd.; Inner Mongolia Yonghe
Fluorochemical Co., Ltd.; Shaowu Yonghe Jintang new
material Co., Ltd...................................
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days after public
announcement, or if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register.\14\
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\14\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\15\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the date for
filing case briefs.\16\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\17\
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\15\ See 19 CFR 351.303 (for general filing requirements).
\16\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\18\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. 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
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, Commerce intends to hold a hearing at a
time and date to be determined.\20\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\20\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\21\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\22\
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\21\ See 19 CFR 351.303.
\22\ See APO and Final Service Rule.
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review.
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.\23\
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\23\ See 19 CFR 351.212(b)(1).
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If the individually examined respondents' weighted-average dumping
margins are above de minimis (i.e., 0.50 percent) in the final results
of this review, we will calculate importer-specific assessment rates
for each respondent 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).\24\ Where a respondent did not report
entered value, we will calculate importer-specific per-unit duty
assessment rates based on the ratio of the total amount of antidumping
duties calculated for the examined sales to the total quantity of those
sales. To determine whether an importer-specific, per-unit assessment
rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also
will calculate an importer-specific ad valorem ratio based on estimated
entered values.
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\24\ 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).
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If, in the final results, a mandatory respondent's weighted-average
dumping margin is zero or de minimis (i.e., 0.50 percent), Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\25\ For entries that were not reported in the U.S.
sales database submitted by each mandatory respondent individually
examined during this review, Commerce will instruct CBP to liquidate
such entries at the China-wide rate.\26\
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\25\ See 19 CFR 351.106(c)(2).
\26\ 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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For the companies for which we have rescinded this review in part,
Commerce intends to instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit rate 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). Commerce intends to issue assessment instructions to
CBP for the rescinded companies no earlier than 35 days after the date
of publication of the preliminary results in the Federal Register.
Commerce intends to issue assessment instructions, other than the
assessment instructions for the rescinded companies, 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 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) for the subject
merchandise exported by the companies listed above that have 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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing 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: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Single Entity Determinations
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-07069 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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