[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Notices]
[Pages 17380-17382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08348]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Final Results of the Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that T.T.
International Co., Ltd. (TTI) sold hydrofluorocarbon blends (HFCs) from
the People's Republic of China (China) at less than normal value (NV)
during the period of review (POR), February 1, 2016, through July 31,
2017.
DATES: Applicable April 25, 2019.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Manuel Rey, 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) 482-4987 or (202) 482-5518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on September 11,
2018.\1\ For events subsequent to the Preliminary Results, see
Commerce's Issues and Decision Memorandum.\2\ On December 17, 2018, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for issuing the final
results until March 11, 2019.\3\ Further, Commerce exercised its
discretion to toll all deadlines affected by the partial Federal
government closure from December 22, 2018, through the resumption of
operations on January 29, 2019.\4\ Therefore, the revised deadline for
the final results is now April 19, 2019.
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\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2016-2017, 83
FR 45890 (September 11, 2018) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Hydrofluorocarbon Blends
from the People's Republic of China; 2016-2017,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
\3\ See Memorandum, ``Hydrofluorocarbon Blends from the People's
Republic of China: Extension of Deadline for the Final Results of
Antidumping Duty Administrative Review,'' dated December 17, 2018.
\4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
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Scope of the Order
The products subject to this order are HFC blends. HFC blends
covered by the scope are R-404A, a zeotropic mixture consisting of 52
percent 1,1,1 Trifluoroethane, 44 percent Pentafluoroethane, and 4
percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20
percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent
Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-
Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent
Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an
azeotropic mixture of 50 percent Pentafluoroethane and 50 percent
1,1,1-Trifluoroethane also known as R-507. The foregoing percentages
are nominal percentages by weight. Actual percentages of single
component refrigerants by weight may vary by plus or minus two percent
points from the nominal percentage identified above.\5\
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\5\ For a complete description of the scope of the order, see
Issues and Decision Memorandum issued concurrently with, and hereby
adopted by, this notice.
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Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in parties' case and rebuttal briefs. Appendix I to this notice
provides a list of the issues raised by parties. The Issues and
Decision Memorandum is a public document and
[[Page 17381]]
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 https://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/index.html. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for TTI,\6\ and to the rate
assigned to the non-examined respondents receiving a separate rate.\7\
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\6\ See Memorandum ``Calculation Memorandum for the Final
Results of the Administrative Review of Hydrofluorocarbon Blends
from the People's Republic of China Memo for TTI International Co.,
Ltd.,'' dated concurrently with this notice.
\7\ See Issues and Decision Memorandum for a summary of these
revisions.
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Separate Rates Respondents
In the Preliminary Results, we determined that TTI and three other
companies demonstrated their eligibility for separate rates. We
received no comments since the issuance of the Preliminary Results that
provide a basis for reconsideration of these determinations.\8\
Therefore, for these final results, we continue to find that the
companies listed in the table in the ``Final Results'' section of this
notice are eligible for separate rates.
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\8\ We note, however, that we made a ministerial error when
identifying the name of one of these companies in the Preliminary
Results. For further discussion, see the Issues and Decision
Memorandum at Comment 1.
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Further, we determined in the Preliminary Results that six
companies failed to demonstrate an absence of de facto government
control; and, thus, Commerce did not grant them separate rates.\9\ No
party provided comments with respect to any of these six companies,
and, thus, we continue to find that these six companies are not
eligible for separate rates.
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\9\ These companies are: (1) Arkema Daikin Advanced
Fluorochemicals (Changsu) Co., Ltd. (Arkema); (2) Dongyang Weihua
Refrigerants Co., Ltd. (Dongyang Weihua); (3) Sinochem Environmental
Protection Chemicals (Taicang) Co., Ltd. (Sinochem Taicang); (4)
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd.
(Weitron); (5) Zhejiang Lantian Environmental Protection Fluoro
Material Co. Ltd. (Zhejiang Lantian); and (6) Zhejiang Quzhou
Lianzhou Refrigerants Co., Ltd. (Zhejiang Quzhou).
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Rate for Non-Examined Separate-Rate Respondents
The statute and our regulations do not address the rate to be
assigned to respondents not selected for individual examination when we
limit our examination of companies subject to the administrative review
pursuant to section 777A(c)(2)(B) of the Act. Generally, we look to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for respondents not individually examined in an
administrative review. Section 735(c)(5)(A) of the Act articulates a
preference for not calculating an all-others rate using rates which are
zero, de minimis, or based entirely on facts available.\10\
Accordingly, we generally will determine the dumping margin for
companies not individually examined by averaging the weighted-average
dumping margins for the individually examined respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\11\
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\10\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
\11\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
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For the final results, we calculated a rate only for TTI.
Therefore, for these final results, following the practice described
above, we have assigned the rate calculated for TTI to the companies
that have not been individually examined but have demonstrated their
eligibility for a separate rate.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Daikin
Fluorochemicals (China) Co., Ltd. (Daikin) and Zhejiang Yonghe
Refrigerant Co., Ltd. (Zhejiang Yonghe) \12\ had no shipments of
subject merchandise during the POR. As we have not received any
information to contradict our preliminary findings, we determine that
Daikin and Zhejiang Yonghe had no shipments of subject merchandise
during the POR, and we intend to issue appropriate instructions to U.S.
Customs and Border Protection (CBP) that are consistent with our
``automatic assessment'' clarification for these final results of
review.
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\12\ In the Preliminary Results, Commerce inadvertently
identified this company as Jinhua Yonghe Fluorochemical Co., Ltd.
For further discussion, see the Issues and Decision Memorandum at
Comment 1.
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Final Results of the Administrative Review
Because Arkema, Dongyang Weihua, Sinochem Taicang, Weitron,
Zhejiang Lantian, and Zhejiang Quzhou did not demonstrate that they are
entitled to a separate rate, Commerce finds these six companies to be
part of the China-wide entity. Because no party requested a review of
the China-wide entity, and Commerce no longer considers the China-wide
entity as an exporter conditionally subject to administrative
reviews,\13\ we did not conduct a review of the China-wide entity. The
rate previously established for the China-wide entity is 216.37 percent
\14\ and is not subject to change as a result of this review.
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
(NME) in NME Antidumping Duty Proceedings, 78 FR 65963, 65970
(November 4, 2013).
\14\ See Hydrofluorocarbon Blends and Components Thereof from
the People's Republic of China: Antidumping Duty Order, 81 FR 55436,
55438 (August 19, 2016).
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For companies subject to this review and established their
eligibility for a separate rate, Commerce determines that the following
weighted-average dumping margins exist for the period February 1, 2016,
through July 31, 2017:
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Weighted-
average
Exporter dumping
margin
(percent)
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T.T. International Co., Ltd................................. 285.73
Shandong Huaan New Material Co., Ltd *...................... 285.73
Zhejiang Sanmei Chemical Industry Co. Ltd *................. 285.73
Jinhua Yonghe Fluorochemical Co., Ltd *..................... 285.73
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* This company was not selected as a mandatory respondent but is subject
to this administrative review and demonstrated that it qualified for a
separate rate during the POR.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP 15 days
[[Page 17382]]
after the date of publication of these final results of review.
For TTI, we calculated importer-specific ad valorem duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those
sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- (or
customer-) specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\15\
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\15\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's assessment practice, for entries that were
not reported in the U.S. sales data submitted by TTI, we will instruct
CBP to liquidate such entries at the China-wide rate.\16\ Similarly,
because Commerce determined that Daikin and Zhejiang Yonghe had no
shipments of the subject merchandise, any suspended entries of subject
merchandise from Daikin and Zhejiang Yonghe will also be liquidated at
the China-wide rate.\17\
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\17\ Id.
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For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate will be equal to the weighted-
average dumping margin determined for TTI in the final results of this
administrative review.
For the companies found to be part of the China-wide entity,
because Commerce determined that these companies did not qualify for a
separate rate, we will instruct CBP to assess dumping duties on the
companies' entries of subject merchandise at the rate of 216.37
percent.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise 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) 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 China and non-China
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 China
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, 216.37 percent; and (4) for all non-China
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
China exporter that supplied that non-China exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice,
in accordance with 19 CFR 351.224(b).
Notifications to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notifications to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
Comment 1: Ministerial Error
Comment 2: The Margin Assigned to TTI
Comment 3: Selection of Separate Rate for Non-Selected
Respondents
Comment 4: Adjusting Global Trade Atlas Import Data for Movement
Expenses
Comment 5: Surrogate Values (SVs) for R-32 and R-143a
Comment 6: SV for Anhydrous Hydrogen Fluoride
Comment 7: Surrogate Financial Statements
Recommendation
[FR Doc. 2019-08348 Filed 4-24-19; 8:45 am]
BILLING CODE 3510-DS-P