Notice2024-07680
Hydrofluorocarbon Blends From the People's Republic of China: Amended 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
April 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on hydrofluorocarbon blends (HFC blends) from the People's Republic of China (China) to correct ministerial errors. Based on the amended final results, we find that the sole mandatory respondent, Zhejiang Sanmei Chemical Industry Co., Ltd. (Sanmei) sold HFC blends in the United States at less than normal value (NV) during the period of review (POR) August 1, 2021, through July 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 71 (Thursday, April 11, 2024)</title>
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[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Notices]
[Pages 25566-25567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07680]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Amended 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) is amending the
final results of the administrative review of the antidumping duty
order on hydrofluorocarbon blends (HFC blends) from the People's
Republic of China (China) to correct ministerial errors. Based on the
amended final results, we find that the sole mandatory respondent,
Zhejiang Sanmei Chemical Industry Co., Ltd. (Sanmei) sold HFC blends in
the United States at less than normal value (NV) during the period of
review (POR) August 1, 2021, through July 31, 2022.
DATES: Applicable April 11, 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 March 8, 2024, Commerce published in the Federal Register the
final results of the 2021-2022 administrative review of the AD order on
HFC blends from China.\1\ On March 6, 2024, Commerce disclosed its
calculations and provided interested parties with the opportunity to
submit ministerial error comments.\2\ On March 8 and 11, 2024, Sanmei,
the sole mandatory respondent in this administrative review and the
American HFC Coalition (the petitioner), respectively, timely submitted
allegations of ministerial errors in the Final Results.\3\ On March 13,
2024, the petitioner submitted rebuttal comments regarding Sanmei's
ministerial error allegation.\4\ Commerce is amending the Final Results
to correct these ministerial errors.
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\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2021-2022, 89 FR 16726 (March 8, 2024) (Final Results), and
accompanying Issues and Decision Memorandum.
\2\ See Memorandum, ``Deadline to Submit Ministerial Error
Allegations,'' dated March 6, 2024.
\3\ See Sanmei's Letter, ``Zhejiang Sanmei's Ministerial Error
Comments,'' dated March 8, 2024; see also Petitioner's Letter, ``HFC
Coalition's Ministerial Error Allegation,'' dated March 11, 2024.
\4\ See Petitioner's Letter, ``HFC Coalition's Rebuttal to
Sanmei's Ministerial Error Allegation,'' dated March 13, 2024.
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \5\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review.''
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\5\ See 19 CFR 351.224(f).
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Ministerial Error
Commerce determined that it made inadvertent errors within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect
to certain calculations regarding the following: (1) a surrogate
freight cost for a utility input; (2) the resulting total value of that
input; and (3) the value of perchloroethylene, an input used to make
HFC blends. Accordingly, we determine, in accordance with section
751(h) of the Act and 19 CFR 351.224(f), that we made ministerial
errors in the Final Results. Pursuant to 19 CFR 351.224(e), we are
amending the Final Results to correct these errors. These corrections
result in a change to Sanmei's weighted-average dumping margin. For a
complete description and analysis of the specific inadvertent errors
and a discussion of the ministerial error allegations, see the
accompanying Ministerial Error Allegation Memorandum.\6\ The
Ministerial Error Allegation
[[Page 25567]]
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>.
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\6\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Hydrofluorocarbon Blends from the People's Republic of
China; 2021-2022: Ministerial Error Allegation in the Final
Results,'' dated concurrently with this notice (Ministerial Error
Allegation Memorandum).
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Amended Final Results of Review
As a result of correcting these ministerial errors, Commerce
determines that the following estimated weighted-average dumping margin
exists for the period August 1, 2021, through July 31, 2022:
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Weighted-
average
Exporter dumping
margin
(percent)
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Zhejiang Sanmei Chemical Industry Co., Ltd................. 96.94
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the amended final
results or, if there is no public announcement, within five days of the
date of publication of the notice of amended final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the amended final
results of this review.
For Sanmei, Commerce calculated importer-specific assessment rates
for antidumping duties, in accordance with 19 CFR 351.212(b)(1). Where
the respondent reported reliable entered values, Commerce calculated
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, we
calculated 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.\7\
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\7\ 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 Sanmei, Commerce will instruct CBP to liquidate such
entries at the China-wide rate.\8\
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\8\ 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 intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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 amended cash deposit requirements will be effective
retroactively upon publication of the amended 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 by section 751(a)(2)(C) of the Act:
(1) for the exporter listed above, Sanmei, the amended cash deposit
rate will be equal to the weighted-average dumping margin established
in the amended 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 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
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), which continues to govern
business proprietary information in this segment of the proceeding.
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 the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i) of the Act, and 19 CFR 351.224(e).
Dated: April 4, 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.
[FR Doc. 2024-07680 Filed 4-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 11, 2024.
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