Notice2025-12956
Pentafluoroethane (R-125) From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 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
July 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies were provided to producers and exporters of pentafluoroethane (R-125) from the People's Republic of China (China). The period of review (POR) is January 01, 2023, through December 31, 2023. 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 30857-30859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12956]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-138]
Pentafluoroethane (R-125) From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies were provided to producers and exporters
of pentafluoroethane (R-125) from the People's Republic of China
(China). The period of review (POR) is January 01, 2023, through
December 31, 2023. We invite interested parties to comment on these
preliminary results of review.
DATES: Applicable July 11, 2025.
FOR FURTHER INFORMATION CONTACT: Seth Brown, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482-0029.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2022, Commerce published in the Federal Register the
countervailing 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, Commerce initiated an administrative review of the
Order.\3\ On June 11, 2024, Commerce issued the questionnaire to the
Government of
[[Page 30858]]
China to forward to Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei)
and Zhejiang Yonghe Refrigerant Co., Ltd. (Yonghe), the only two
respondents under review.\4\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\5\ On
November 14, 2024, Commerce extended the deadline for these preliminary
results to April 7, 2024.\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) 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, 89 FR 15157 (March 1,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 38867 (May 8, 2024) (Initiation
Notice); see also Pentafluoroethane (R-125) from the People's
Republic of China: Antidumping and Countervailing Duty Orders, 87 FR
12081 (March 3, 2022) (Order).
\4\ See Commerce's Letter, ``Countervailing Duty
Questionnaire,'' dated June 11, 2024.
\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 2023 Countervailing Duty Administrative Review,'' dated
November 14, 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 2023 Administrative Review of the Countervailing Duty
Order on 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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Scope of the Order
The product covered by the Order is R-125 from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For
each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\9\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available with adverse inferences pursuant
to sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review
Commerce preliminarily determines that the following net
countervailable subsidy rates exist for the period January 1, 2023,
through December 31, 2023:
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\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Sanmei: Fujian Qingliu Dongying Chemical Ind. Co., Ltd.
\11\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Yonghe: Inner Mongolia Yonghe Fluorochemical Co., Ltd.; Jinhua
Yonghe Fluorine Chemical Co., Ltd.; Inner Mongolia Huasheng
Hydrohuonc Alid Co., Ltd.; Shaowu Yonghe Jintang New Material Co.,
Ltd.; Jiangxi Shilei Fluorine Chemical Co., Ltd.; and Zhejiang
Binglong Environmental Protection Co., Ltd.
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Subsidy rate
Company (percent ad
valorem)
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Zhejiang Sanmei Chemical Ind. Co., Ltd.\10\............. 3.02
Zhejiang Yonghe Refrigerant Co., Ltd.\11\............... 182.51
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
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.\12\ 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.\13\ 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.\14\ 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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\12\ See 19 CFR 351.309.
\13\ 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 Service Procedures).
\14\ See 19 351.309(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.\15\ 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
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.\17\
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\17\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
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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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
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 the 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.
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 19 CFR
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. Period of Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2025-12956 Filed 7-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 11, 2025.
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