[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Notices]
[Pages 55688-55689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19831]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1472 (Final)]


Difluoromethane (R-32) From China; Scheduling of the Final Phase 
of an Anti-Dumping Duty Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1472 (Final) 
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether 
an industry in the United States is materially injured or threatened 
with material injury, or the establishment of an industry in the United 
States is materially retarded, by reason of imports of difluoromethane 
(R-32) from China, provided for in subheading 2903.39.20 of the 
Harmonized Tariff Schedule of the United States, preliminarily 
determined by the Department of Commerce (``Commerce'') to be sold at 
less-than-fair-value.

DATES: August 27, 2020.

FOR FURTHER INFORMATION CONTACT: Ahdia Bavari ((202) 205-3191), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.--For purposes of this investigation, Commerce has defined 
the subject merchandise as ``difluoromethane (R-32), or its chemical 
equivalent, regardless of form, type or purity level. R-32 has the 
Chemical Abstracts Service (CAS) registry number of 75-10-5 and the 
chemical formula CH2 F2. R-32 is also referred to as difluoromethane, 
HFC-32, FC-32, Freon-32, methylene difluoride, methylene fluoride, 
carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN 3252. 
Subject merchandise also includes R-32 and unpurified R-32 that are 
processed in a third country or the United States, including, but not 
limited to, purifying or any other processing that would not otherwise 
remove the merchandise from the scope of this investigation if 
performed in the country of manufacture of the in-scope R-32. R-32 that 
has been blended with products other than pentafluoroethane (R-125) is 
included within this scope if such blends contain 85% or more by volume 
on an actual percentage basis of R-32. In addition, R-32 that has been 
blended with any amount of R-125 is included within this scope if such 
blends contain more than 52% by volume on an actual percentage basis of 
R-32. Whether R-32 is blended with R-125 or other products, only the R-
32 component of the mixture is covered by the scope of this 
investigation. The scope also includes R-32 that is commingled with R-
32 from sources not subject to this investigation. Only the subject 
component of such commingled products is covered by the scope of this 
investigation. Excluded from the current scope is merchandise covered 
by the scope of the antidumping order on hydrofluorocarbon blends from 
the People's Republic of China.'' 1 2
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    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436, August 19, 2016 (the 
Blends Order).
    \2\ For a complete definition, please see Commerce's scope in 85 
FR 52950, August 27, 2020.
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    The products included in the scope of this investigation may enter 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheading 2903.39.2035. Other merchandise subject to the current 
scope, including the abovementioned blends that are outside the scope 
of the Blends Order, may be classified under 2903.39.2045 and 
3824.78.0020. The HTSUS subheadings and CAS registry number are 
provided for convenience and customs purposes. The written description 
of the scope of the investigation is dispositive.
    Background.--The final phase of this investigation is being 
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. 1673d(b)), as a result of an affirmative preliminary 
determination by Commerce that imports of difluoromethane (R-32) from 
China are being sold in the United States at less than fair value 
within the meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The 
investigation was requested in a petition filed on January 23, 2020, by 
Arkema, Inc., King of Prussia, Pennsylvania.
    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to

[[Page 55689]]

BPI in the preliminary phase of the investigation need not reapply for 
such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on December 
22, 2020, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on Tuesday, 
January 12, 2021. Information about the place and form of the hearing, 
including about how to participate in and/or view the hearing, will be 
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates.
    Requests to appear at the hearing should be filed in writing with 
the Secretary to the Commission on or before January 7, 2021. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on January 8, 2021, if deemed necessary. Oral testimony and written 
materials to be submitted at the public hearing are governed by 
Sec. Sec.  201.6(b)(2), 201.13(f), and 207.24 of the Commission's 
rules. Parties must submit any request to present a portion of their 
hearing testimony in camera no later than 7 business days prior to the 
date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is January 5, 2021. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of section 207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
January 20, 2021. In addition, any person who has not entered an 
appearance as a party to the investigation may submit a written 
statement of information pertinent to the subject of the investigation, 
including statements of support or opposition to the petition, on or 
before January 20, 2021. On February 3, 2021, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before February 5, 2021, but such final comments must 
not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on Filing Procedures, available on the 
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the investigation 
must be served on all other parties to the investigation (as identified 
by either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: September 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19831 Filed 9-8-20; 8:45 am]
BILLING CODE 7020-02-P