[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56416-56417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22916]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Weitron
International Refrigeration Equipment (Kunshan) Co., Ltd., (Weitron)
had no shipments of subject merchandise covered by the antidumping duty
order on hydrofluorocarbon blends from the People's Republic of China
(China) for the period of review (POR) August 1, 2017 through July 31,
2018.
DATES: Applicable October 22, 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.
Background
Commerce published the Preliminary Results of the administrative
review in the Federal Register on June 14, 2019.\1\ For events
subsequent to the Preliminary Results, see Commerce's Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Final Rescission, in Part; 2017-2018, 84 FR 27752 (June 14,
2019) (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Hydrofluorocarbon Blends
from the People's Republic of China; 2017-2018,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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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.\3\
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\3\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
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Analysis of Comments Received
The single issue raised in the submitted case brief (i.e., whether
to rescind the review for Weitron) is listed in the Appendix to this
notice and addressed in the Issues and Decision Memorandum. The Issues
and 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 https://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 of
the main 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.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Weitron had no shipments of subject merchandise, during the POR.\4\ As
we have not received any information that undermines our preliminary
findings, we determine that Weitron 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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\4\ See Preliminary Results, 84 FR at 27752, 27753.
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Assessment
Commerce determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP 15 days after the date of publication of the final results of this
review.
Additionally, consistent with Commerce's refinement to its
assessment practice in non-market economy cases, for Weitron, the
exporter under review, which we determined had no shipments of the
subject merchandise during the POR, any suspended entries of subject
merchandise from Weitron will be liquidated at the China-wide rate.\5\
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\5\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 previously
investigated or reviewed Chinese and non-Chinese exporters who are not
under review in this segment of the proceeding but who have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate
[[Page 56417]]
published for the most recent period; (2) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate (i.e., including Weitron, which did not demonstrate that
it was entitled to a separate rate in the most recently-completed
administrative review), the cash deposit rate will be the China-wide
rate of 216.37 percent; \6\ and (3) 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 Chinese exporter(s) that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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\6\ See 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, 84 FR 17380,
17381 (April 25, 2019).
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Notifications to Importers
This notice also serves as a final 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 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: October 15, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
V. Recommendation
[FR Doc. 2019-22916 Filed 10-21-19; 8:45 am]
BILLING CODE 3510-DS-P