[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31088-31089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12590]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-999]


Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane 
From the People's Republic of China: Amended Affirmative Preliminary 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The purpose of this amended affirmative preliminary 
determination is to correct a significant ministerial error in the 
preliminary determination, published on April 18, 2014, that 
countervailable subsidies are being provided to producers and exporters 
of 1,1,1,2 tetrafluoroethane (``tetrafluoroethane'') from the People's 
Republic of China (``PRC'').

DATES: Effective Date: May 30, 2014.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Alexis Polovina, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202.482.7906 
or 202.482.3927, respectively.

SUPPLEMENTARY INFORMATION: On April 18, 2014, we published our 
preliminary determination stating that countervailable subsidies are 
being provided to producers and exporters of tetrafluoroethane from the 
PRC.\1\ On April 21, 2014, T.T. International Co., Ltd. (``T.T. 
International'') and Zhejiang Quhua Fluor-Chemistry Co., Ltd., a 
Chinese exporter of subject merchandise, and its cross-owned affiliates 
(collectively ``JUHUA'') (``respondents''), and Weitron International 
Refrigeration Equipment (Kunshan) Co., Ltd., an exporter of subject 
merchandise, and its affiliated U.S. reseller, Weitron, Inc. 
(collectively ``Weitron'') filed timely allegations of significant 
ministerial errors contained in the Department's Preliminary 
Determination. After reviewing the allegations, we determine that the 
Preliminary Determination included a significant error. Therefore, we 
made changes, as described below, to the Preliminary Determination.
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    \1\ See Countervailing Duty Investigation of 1,1,1,2 
Tetrafluoroethane from the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination with Final 
Antidumping Determination, 79 FR 21895 (April 18, 2014) 
(``Preliminary Determination'').
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Scope of the Investigation

    The product subject to this investigation is 1,1,1,2-
Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of 
form, type, or purity level. The chemical formula for 1,1,1,2-
tetrafluoroethane is CF3-CH2F, and the Chemical 
Abstracts Service (``CAS'') registry number is CAS 811-97-2.
    1,1,1,2-Tetrafluoroethane is sold under a number of trade names 
including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a 
(Honeywell); Suva 134a, Dymel 134a, and Dymel P134a (DuPont); Solkane 
134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2-
tetrafluoroethane has been sold as Fluorocarbon 134a, R-134a, HFC-134a, 
HF A-134a, Refrigerant 134a, and UN3159.
    Merchandise covered by the scope of this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') at subheading 2903.39.2020. Although the HTSUS subheading 
and CAS registry number are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

Analysis of Alleged Significant Ministerial Error Allegation

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of

[[Page 31089]]

unintentional error which the Secretary considers ministerial.'' With 
respect to preliminary determinations, 19 CFR 351.224(e) provides that 
the Department ``will analyze any comments received and, if 
appropriate, correct any significant ministerial error by amending the 
preliminary determination. . .'' A significant ministerial error is 
defined as an error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
countervailable subsidy rate calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a 
countervailable subsidy rate of zero (or de minimis) and a 
countervailable subsidy rate of greater than de minimis or vice 
versa.\2\
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    \2\ See 19 CFR 351.224(g).
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    As explained further in the Ministerial Error Memorandum issued 
concurrently with this Notice,\3\ we determine that the Preliminary 
Determination contained an error with respect to our calculation of 
``tier two'' world market benchmark prices for measuring the adequacy 
of remuneration for the provision of acidspar to respondents pursuant 
to 19 CFR 351.511(a)(2)(ii). Correction of this error results in a 
change to the preliminary subsidy rate for T.T. International of more 
than five absolute points and not less than 25 percent of the 
originally calculated margin. Thus, the error is significant for T.T. 
International within the meaning of 19 CFR 351.224(g).\4\
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    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from James C. Doyle, Director, Office V, 
through Christian Marsh, Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, entitled, ``Allegation of a 
Significant Ministerial Error in the Preliminary Determination,'' 
dated concurrently with this notice for the analysis performed 
(``Ministerial Error Memorandum''). This memorandum is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the 
Department's Central Records Unit in Room 7046 of the Department of 
Commerce building.
    \4\ Id.
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Amended Preliminary Determination

    The Department determines that there was a significant ministerial 
error in the subsidy rate calculated for T.T. International in the 
Preliminary Determination. Consequently, we are amending the 
preliminary countervailing duty rate calculation for T.T. International 
pursuant to 19 CFR 351.224(e). In addition, the preliminary ``All 
Others'' rate was based on the simple average of the subsidy rates 
calculated for T.T. International and Zhejiang Quhua Fluor-Chemistry 
Co., Ltd., and its cross-owned affiliates (collectively ``JUHUA''). 
Thus, we are also amending the ``All Others'' rate to account for the 
change in T.T. International's subsidy rate. Specifically, we are 
calculating the simple average of the corrected subsidy rate for T.T. 
International and the subsidy rate for JUHUA, unchanged from the 
Preliminary Determination. The rate for Jiangsu Bluestar Green 
Technology Co., Ltd. remains unchanged.
    As a result, the amended preliminary net countervailable subsidy 
rates are as follows:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
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T.T. International Co., Ltd.................................       16.18
JUHUA (including Zhejiang Quhua Fluor-Chemistry Co., Ltd.,          4.04
 and other Juhua Stock Companies)...........................
Jiangsu Bluestar Green Technology Co., Ltd..................        1.35
All Others..................................................       10.11
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Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised, in accordance with section 703(d) and (f) of the Tariff Act 
of 1930, as amended (the ``Act''). Specifically, we will instruct U.S. 
Customs and Border Protection (``CBP'') to continue to suspend 
liquidation and to require a cash deposit in the amounts indicated 
above, on all entries of tetrafluoroethane from the PRC that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice in the Federal Register.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (``ITC'') of our determination. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information relating to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    This determination is issued and published pursuant to sections 
703(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12590 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-DS-P