Notice2024-18106
Pentafluoroethane (R-125) From the People's Republic of China: Final 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
August 14, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the mandatory respondents under review sold pentafluoroethane (R-125) to the United States from the People's Republic of China (China) at prices below normal value during the period of review (POR), August 17, 2021, through February 28, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 157 (Wednesday, August 14, 2024)</title>
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[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Notices]
[Pages 66033-66035]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18106]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-137]
Pentafluoroethane (R-125) From the People's Republic of China:
Final 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) determines that the
mandatory respondents under review sold pentafluoroethane (R-125) to
the United States from the People's Republic of China (China) at prices
below normal value during the period of review (POR), August 17, 2021,
through February 28, 2023.
DATES: Applicable August 14, 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 April 3, 2024, Commerce published in the Federal Register the
preliminary results of the 2021-2023 administrative review \1\ of the
antidumping duty order on R-125 from China and invited parties to
comment.\2\ The review covers two mandatory respondents, Zhejiang
Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei), and Zhejiang Yonghe
Refrigerant Co., Ltd. (Zhejiang Yonghe). We received case briefs and
rebuttal briefs from Zhejiang Yonghe, National Refrigerants, Inc., a
U.S. importer of subject merchandise, and Honeywell International, Inc.
(the petitioner).\3\
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\1\ See Pentafluoroethane (R-125) from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2023, 89 FR 22997 (April 3, 2024) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Pentafluoroethane (R-125) from the People's Republic of
China: Antidumping and Countervailing Duty Orders, 87 FR 12081
(March 3, 2022) (Order).
\3\ See Petitioner's Letter, ``Case Brief,'' dated May 10, 2024;
see also National Refrigerants, Inc.'s Letter, ``Case Brief of
National Refrigerants, Inc.,'' dated May 10, 2024; Zhejiang Yonghe's
Letter, ``Refiled Case Brief,'' dated May 23, 2024; Petitioner's
Letter, ``Rebuttal Brief,'' dated May 28, 2024; National
Refrigerants, Inc.'s Letter ``Rebuttal Brief of National
Refrigerants, Inc.,'' dated May 28, 2024; and Zhejiang Yonghe's
Letter, ``Rebuttal Case Brief,'' dated May 28, 2024.
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ The deadline for the final
results is now August 8, 2024. For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\5\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2021-2023 Administrative Review of the Antidumping Duty Order
on Pentafluoroethane (R-125) 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 is R-125 from China. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in briefs filed by parties in this administrative
review are addressed in the Issues and Decision Memorandum and are
listed in the Appendix to this notice. The Issues and Decision
Memorandum is a public
[[Page 66034]]
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 determines that the Sanmei Companies \6\ and the Yonghe
Companies,\7\ the two companies individually examined in this review,
are eligible to receive separate rates in this review.\8\
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\6\ For these final results, Commerce continues to find that the
following affiliated companies should be collapsed and treated as a
single entity as it determined in the Preliminary Results: Zhejiang
Sanmei; Jiangsu Sanmei Chemical Ind. Co., Ltd.; and Fujian Qingliu
Dongying Chemical Ind. Co., Ltd. (collectively, Sanmei Companies).
See Preliminary Results PDM at 5.
\7\ For these final results, Commerce continues to find that the
following affiliated companies should be collapsed and treated as a
single entity as determined in the Preliminary Results: Zhejiang
Yonghe; Jinhua Yonghe Flurine Chemical Co., Ltd.; Inner Mongolia
Yonghe Fluorochemical Co., Ltd.; and Shaowu Yonge Jintag new
material Co., Ltd. (collectively, the Yonghe Companies).
Additionally for these final results, Commerce collapsed Inner
Mongolia Huasheng Hydrohuone Alid Co., Ltd. and Jiangxi Shilei
Fluorochemical Co., Ltd. with the Yonghe Companies. See Issues and
Decision Memorandum at Comment 3 for details.
\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., 267.51. percent) is not subject to change.\10\
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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.
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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 the Yonghe
Companies.\11\ Additionally, Commerce collapsed two additional
companies with the Yonghe Companies.\12\
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\11\ See Issues and Decision Memorandum at Comment 2.
\12\ Id. at Comment 3.
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Final Results of Review
For the companies subject to this review that established their
eligibility for a separate rate, Commerce determines that the following
estimated 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 Industry Co., Ltd.; Fujian 24.62
Qingliu Dongying Chemical Co., Ltd.; Jiangsu Sanmei
Chemical Ind. Co., Ltd.................................
Zhejiang Yonghe Refrigerant Co., Ltd.; Jinhua Yonghe 267.66
Fluorine Chemical Co., Ltd.; Inner Mongolia Yonghe
Fluorochemical Co., Ltd.; Shaowu Yonghe Jintang new
material Co., Ltd.; Inner Mongolia Huasheng Hydrohuone
Alid Co., Ltd.; Jiangxi Shilei Fluorochemical Co., Ltd.
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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 the Sanmei Companies and the Yonghe Companies, Commerce will
calculate importer-specific assessment rates for antidumping duties, in
accordance with 19 CFR 351.212(b)(1).
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.\13\
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\13\ 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 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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective 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 exporters
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., 267.51 percent); and (4) for all non-
Chinese exporters of subject merchandise that have not received their
own separate rate, the cash deposit
[[Page 66035]]
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 and/or countervailing 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 and/or countervailing
duties has occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of countervailing 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: August 7, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
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: Whether To Apply an Export Subsidy Adjustment
Comment 2: Revision of Calculations
Comment 3: Whether To Collapse Inner Mongolia Huasheng
Hydrohuone Alid Co., Ltd. (Inner Mongolia Huasheng) and Jiangxi
Shilei Fluorochemical Co., Ltd. (Jiangxi Shilei) With the Yonghe
Companies
Comment 4: Whether To Select the Republic of T[uuml]rkiye
(T[uuml]rkiye) as the Surrogate Country (SC)
Comment 5: Surrogate Value (SV) for Chloroform
Comment 6: Self-produced Anhydrous Hydrogen Fluoride (AHF)
Comment 7: By-product Offset
Comment 8: Financial Ratio
VI. Recommendation
[FR Doc. 2024-18106 Filed 8-13-24; 8:45 am]
BILLING CODE 3510-DS-P
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