Notice2025-12955
Pentafluoroethane (R-125) From the People's Republic of China: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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
July 11, 2025
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) March 1, 2023, through February 29, 2024. Additionally, we are rescinding this administrative review, in part, with respect to one company for which there were no reviewable entries of subject merchandise during the POR. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 90 Issue 131 (Friday, July 11, 2025)</title>
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[Federal Register Volume 90, Number 131 (Friday, July 11, 2025)]
[Notices]
[Pages 30866-30869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12955]
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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 and Rescission, in Part, of Antidumping Duty
Administrative Review; 2023-2024
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) March 1, 2023, through February 29,
2024.
[[Page 30867]]
Additionally, we are rescinding this administrative review, in part,
with respect to one company for which there were no reviewable entries
of subject merchandise during the POR. We invite interested parties to
comment on these preliminary results of review.
DATES: Applicable July 11, 2025.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2022, Commerce published in the Federal Register the
antidumping duty order on R-125 from China.\1\ On March 1, 2024,
Commerce published a notice of opportunity to request an administrative
review of the Order, pursuant to section 751(a)(1) of the Tariff Act of
1930, as amended (the Act).\2\ On May 8, 2024, based on timely requests
for review from Shandong Dongyue Chemical Co. Ltd. (Dongyue), Zhejiang
Sanmei Chemical Ind. Co. Ltd. (Sanmei), Zhejiang Yonghe Refrigerant
Co., Ltd (Yonghe),\3\ and Honeywell, Inc. (the petitioner), Commerce
initiated an administrative review of the Order covering three
companies,\4\ including the mandatory respondent, Sanmei. On July 22,
2024, Commerce tolled certain deadlines in this proceeding by seven
days.\5\ On December 3, 2024, Commerce extended the deadline for these
preliminary results to April 7, 2025.\6\ On December 9, 2024, Commerce
tolled the deadline to issue the preliminary results in this
administrative review by 90 days.\7\ The deadline for the preliminary
results is now July 7, 2025.
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\1\ See Pentafluoroethane (R-125) form 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, 89 FR 15157 (March 1,
2024).
\3\ Commerce has previously determined that Sanmei is a single
entity comprised of Sanmei; Jiangsu Sanmei Chemical Ind. Co., Ltd.;
and Fujian Qingliu Dongying Chemical Ind. Co., Ltd. Commerce has
also previously determined that Yonghe is a single entity comprised
of Yonghe; Jinhua Yonghe Fluorine Chemical Co., Ltd.; Inner Mongolia
Yonghe Fluorochemical Co., Ltd.; Shaowu Yonghe Jintang new material
Co., Ltd.; Inner Mongolia Huasheng Hydrohuone Alid Co., Ltd.; and
Jiangxi Shilei Fluorochemical Co., Ltd. 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), unchanged in Pentafluoroethane (R-125) from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2021-2023, 89 FR 66033 (August 14, 2024).
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 38867 (May 8, 2024) (Initiation
Notice).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
3, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics included in the Preliminary Decision Memorandum is
provided 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 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 accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review:
Pentafluoroethane from the People's Republic of China; 2023-2024,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is R-125 from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review when there are no reviewable entries
of subject merchandise during the POR for which liquidation is
suspended.\9\ Normally, upon completion of an administrative review,
the suspended entries are liquidated at the antidumping duty assessment
rate calculated for the review period.\10\ Therefore, to conduct an
administrative review of a company, there must be a suspended entry
that Commerce can instruct U.S. Customs and Border Protection (CBP) to
liquidate at the antidumping duty assessment rate calculated for the
POR.\11\
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\9\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\10\ See 19 CFR 351.212(b)(1).
\11\ See 19 CFR 351.213(d)(3).See, e.g., Large Diameter Welded
Pipe from Greece: Rescission of Antidumping Duty Administrative
Review; 2022-2023, 89 FR 4274 (January 23, 2024).
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On March 11, 2025, we notified parties of our intent to rescind
this administrative review, in part, with respect to Dongyue because
there were no suspended entries of subject merchandise produced or
exported by Dongyue during the POR. We invited interested parties to
comment.\12\ No parties commented on our intent to rescind the review,
in part. In the absence of suspended entries of subject merchandise
from this company during the POR, we are rescinding, in part, the
administrative review for Dongyue, in accordance with 19 CFR
351.213(d)(3).
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\12\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated March 11, 2025.
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Separate Rates
In the Initiation Notice, we informed parties that all firms for
which a non-market economy review was initiated that wished to qualify
for separate rate status must complete, as appropriate, either a
separate rate application or a separate rate certification.\13\
Commerce preliminarily determines that Sanmei is eligible to receive a
separate rate. Commerce also preliminarily determines that, after
failing to submit a separate rate certification, Yonghe is no longer
eligible to receive a separate rate and is therefore considered part of
the China-wide entity.
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\13\ See Initiation Notice, 89 FR 38868-69.
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China-Wide Entity
Because Yonghe did not file a separate rate certification in this
proceeding, it is ineligible for a separate rate and we are unable to
select it for individual examination.\14\ Accordingly, Commerce finds
that Yonghe has not established eligibility for a separate rate and is
considered to be part of the China-wide entity for these preliminary
results.
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\14\ Id.
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Under Commerce's policy regarding the conditional review of the
China-wide entity, the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity.\15\ 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.\16\
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\15\ 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).
\16\ See Order.
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[[Page 30868]]
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.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period March 1, 2023, through
February 29, 2024:
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Weighted-average
Exporter/producer dumping margin
(percent)
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Zhejiang Sanmei Chemical Ind. Co., Ltd.; Fujian 60.08
Qingliu Dongying Chemical Co., Ltd.; Jiangsu
Sanmei Chemical Ind. Co., Ltd.....................
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Disclosure
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.\17\
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\17\See 19 CFR 351.224(b)
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\18\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\19\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; and (2) a table of
authorities.\20\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\18\See 19 CFR 351.309.
\19\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).
\20\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 briefs 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.\21\ 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).\22\
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\21\We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\22\See APO and Service Final 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 Acting Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after publication of
this notice. 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. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at a date and time to be
determined.\23\
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\23\See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise
extended.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, upon issuance
of the final results, Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries covered by this
review.\24\ 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).
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\24\See 19 CFR 351.212(b)(1).
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For Sanmei, Commerce intends to calculate importer or customer-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\25\
Where the respondent reported reliable entered values, Commerce intends
to calculate importer or customer-specific ad valorem assessment rates
by aggregating the amount of dumping calculated for all U.S. sales to
the importer or customer and dividing this amount by the total entered
value of the merchandise sold to the importer or customer.\26\ Where
the respondent did not report entered values, Commerce will calculate
importer or customer-specific assessment rates by dividing the amount
of dumping for reviewed sales to the importer or customer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer or customer-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.\27\ Where an importer or customer-specific ad valorem
assessment rate is not zero or de minimis, Commerce will instruct CBP
to collect the appropriate duties at
[[Page 30869]]
the time of liquidation. Where either the respondent's weighted average
dumping margin is zero or de minimis, or an importer or customer-
specific ad valorem assessment rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\28\
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\25\See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification,77 FR 8101 (February 14, 2012)
(Final Modification).
\26\See 19 CFR 351.212(b)(1).
\27\Id.
\28\See Final Modification, 77 FR at 8103.
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For Dongyue, for which this review is being rescinded, Commerce
will instruct CBP to assess antidumping duties on all appropriate
entries. Antidumping duties shall be assessed at rates equal to the
cash deposit rate for 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). With respect to the recission of this
review, in part, Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of this
notice in the Federal Register.
For the final results, if we continue to treat Yonghe as part of
the China-wide entity, we will instruct CBP to apply an ad valorem
assessment rate of 267.51 percent to all entries of subject merchandise
during the POR which were produced and/or exported by this company. The
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
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 deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for the exporters listed above will
be that established in the final results of this review, except if the
rate is less than 0.50 percent and, therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (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.\29\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\29\See Order.
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Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
its analysis of issues raised by interested parties in the written
comments, within 120 days after the date of publication of these
preliminary results in the Federal Register.\30\
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\30\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice serves as a 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 review period. 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 in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and
351.221(b)(4).
Dated: July 7, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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 Administrative Review, In Part
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2025-12955 Filed 7-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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