1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Results and Partial Rescission 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.
Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole mandatory respondent under review sold 1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China (China) at less than normal value during the period of review (POR), April 1, 2023, through March 31, 2024. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 151 (Friday, August 8, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Notices]
[Pages 38455-38458]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15130]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-044]
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of
China: Preliminary Results and Partial Rescission 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
determines that the sole mandatory respondent under review sold
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China
(China) at less than normal value during the period of review (POR),
April 1, 2023, through March 31, 2024. Interested parties are invited
to comment on these preliminary results.
DATES: Applicable August 8, 2025.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2017, Commerce published in the Federal Register the
antidumping duty (AD) order on 1,1,1,2-Tetrafluoroethane (R-134a) from
China.\1\ On April 1, 2024, Commerce published in the Federal Register
a notice of opportunity to request an administrative review of the
Order.\2\ On April 30, 2024, American HFC Coalition and its individual
members (the petitioners) and Zhejiang Sanmei Chemical Ind. Co. Ltd.
(Zhejiang Sanmei) submitted timely requests that Commerce conduct an
administrative review.\3\ On June 12, 2024, pursuant to section
751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce
initiated an administrative review of Order.\4\ On July 22, 2024,
Commerce tolled administrative deadlines in this proceeding by seven
days.\5\ On December 9, 2024, Commerce tolled administrative deadlines
in this proceeding by an additional 90 days.\6\ On March 7, 2025, and
May 20, 2025, we extended the deadline for these preliminary results;
\7\ the deadline is now August 5, 2025.
---------------------------------------------------------------------------
\1\ See 1,1,1,2-Tetrafluoroethane (R-134a) from the People's
Republic of China: Antidumping Duty Order, 82 FR 18422 (April 19,
2017) (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 22390 (April 1,
2024).
\3\ See Petitioner's Letter, ``Request for Administrative Review
of Antidumping Duty Order,'' dated April 30, 2024; see also Zhejiang
Sanmei's Letter, ``Request for Administrative Review,'' dated April
30, 2024.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 49844 (June 12, 2024) (Initiation
Notice).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ See Memoranda, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 7,
2025; and ``Second Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated May 20, 2025.
---------------------------------------------------------------------------
For a complete description of the events that occurred since the
Initiation Notice and the analysis behind the preliminary results
herein, see the Preliminary Decision Memorandum.\8\ 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>. A list of
topics discussed in the Preliminary Decision Memorandum is included in
Appendix I to this notice.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: R-134a from the
People's Republic of China; 2023-2024,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>9</SUP>
---------------------------------------------------------------------------
\9\ See Order.
---------------------------------------------------------------------------
The merchandise covered by the Order is 1,1,1,2-Tetrafluoroethane,
R-134a, or its chemical equivalent, regardless of form, type, or purity
level. A full description of the scope of the Order is provided in the
Preliminary Decision Memorandum.
Partial Rescission of Review
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
[[Page 38456]]
initiation of the requested review. On September 10, 2024, the
petitioners timely withdrew their review request for 28 companies
listed in the Initiation Notice. Aside from Zhejiang Sanmei and its
affiliates' self-request for review, no other parties requested a
review of these companies. Accordingly, pursuant to 19 CFR
351.213(d)(1), Commerce is rescinding the administrative review with
respect to the companies listed in Appendix II.\10\ Because Zhejiang
Sanmei did not withdraw its review request, it remains under review.
---------------------------------------------------------------------------
\10\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated September 10, 2024.
---------------------------------------------------------------------------
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ Under this policy,
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,
the entity is not under review, and the entity's rate, i.e., 167.02
percent, is not subject to change.\12\ Moreover, we preliminarily
determine that Zhejiang Sanmei is eligible for a separate rate and thus
not part of the China-wide entity.
---------------------------------------------------------------------------
\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, 82 FR at 18423.
---------------------------------------------------------------------------
Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated
export prices for Zhejiang Sanmei in accordance with section 772(a) of
the Act. Because China is a non-market economy 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
the preliminary results of this review, see the Preliminary Decision
Memorandum.
Preliminary Results
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period April 1, 2023, through
March 31, 2024:
---------------------------------------------------------------------------
\13\ Commerce has previously found Zhejiang Sanmei, Jiangsu
Sanmei Chemical Ind. Co., Ltd., and Fujian Qingliu Dongying Chemical
Ind. Co. Ltd. to comprise a single entity. See 1,1,1,2-
Tetrafluoroethane (R-134a) from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022, 88 FR 60639 (September 5,
2023).
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Zhejiang Sanmei Chemical Ind. Co. Ltd./Jiangsu 141.22
Sanmei Chemical Ind. Co., Ltd./Fujian Qingliu
Dongying Chemical Ind. Co. Ltd.\13\...............
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations 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 the Federal
Register, 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.\14\ 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.\15\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\16\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309.
\15\ 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 Final Rule).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 administrative 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.\17\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results of this administrative
review. We request that interested parties include footnotes for
relevant citations in the public 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).\18\
---------------------------------------------------------------------------
\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically via Commerce's electric records system, ACCESS. An
electronically-filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\19\ Requests should contain (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; and (3) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.\20\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
[[Page 38457]]
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce
intends to issue assessment instructions to CBP 35 days after the
publication of the final results of this review. 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).
We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\21\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\22\ Where the respondents
did not report entered values, Commerce will calculate importer/
customer-specific assessment rates by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer/customer
by the total quantity of those sales. Commerce will calculate an
estimated ad valorem importer/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.\23\ Where an importer/customer-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 ad valorem weighted-average dumping margin is
zero or de minimis, or an importer/customer-specific ad valorem
assessment rate is zero or de minimis,\24\ Commerce will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
---------------------------------------------------------------------------
\21\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\22\ See 19 CFR 351.212(b)(1).
\23\ Id.
\24\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\25\
---------------------------------------------------------------------------
\25\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(l)(i). For the companies rescinded
from review, Commerce intends to issue assessment instructions to CBP
35 days after the publication of this notice in the Federal Register.
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 ADs on
entries of merchandise covered by the final results of this review and
for future deposits of estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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) the cash deposit
rate for Zhejiang Sanmei will be that rate established in the final
results of this review (except, if the rate is de minimis, then a cash
deposit rate of zero will be required); (2) for a previously
investigated or reviewed exporter of subject merchandise not listed in
the final results of review that has a separate rate, the cash deposit
rate will continue to be the exporter's existing cash deposit 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., 167.02 percent); and (4) for
all exporters of subject merchandise that are not located in China and
are not eligible for a separate rate, the cash deposit rate will be the
rate applicable to the Chinese exporter(s) that supplied that non-
Chinese exporter. These cash 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)(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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
and 19 CFR 351.213(h)(1), and 19 CFR 351.221(b)(4).
Dated: August 5, 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 I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Companies for Which the Administrative Review Is Being Rescinded
1. Bestcool Inc., Ltd.
2. Electrochemical Factory of Zhejiang Juhua Co., Ltd.
3. Hongkong Richmax Ltd.
4. Huantai Dongyue International Trade Co. Ltd.
5. ICOOL Chemical Co., Ltd.
6. Jiangsu Bluestar Green Technology Co., Ltd.
7. Jinhua Binglong Chemical Technology Co., Ltd.
8. Jinhua Yonghe Fluorochemical Co., Ltd.
9. Ningbo FTZ ICOOL Prime International
10. Puremann, Inc.
11. Shandong Dongyue Chemical Co., Ltd.
12. Shandong Huaan New Material Co., Ltd.
13. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
14. T.T. International Co., Ltd.
15. Weitron International Refrigeration Equipment (Kunshan) Co.,
Ltd.
16. Weichang Refrigeration Equipment (Kunshan) Co., Ltd.
[[Page 38458]]
17. Zhejiang Juhua Co., Ltd.
18. Zhejiang Morita New Materials Co., Ltd.
19. Zhejiang Organic Fluor-Chemistry Plant, Zhejiang Juhua Co., Ltd.
20. Zhejiang Quhua Juxin Fluorochemical Industry Co., Ltd.
21. Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.
22. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.
23. Zhejiang Yonghe Refrigerant Co., Ltd.
24. Zhejiang Zhonglan Refrigeration Technology Co., Ltd.
25. Zibo Feiyuan Chemical Co., Ltd.
[FR Doc. 2025-15130 Filed 8-7-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.