[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24587-24590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09717]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review and 
Rescission of Antidumping Duty Administrative Review, in Part; 2019-
2020

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on

[[Page 24588]]

hydrofluorocarbon (HFC) blends from the People's Republic of China 
(China). The period of review is August 1, 2019, through July 31, 2020. 
We are rescinding the review with respect to all companies for which we 
received a request for administrative review, except for PureMann, Inc 
(PureMann). Commerce preliminarily finds that the sole remaining 
company subject to this administrative review, PureMann, is part of the 
China-wide entity because it did not file a separate rate application 
(SRA). We invite interested parties to comment on these preliminary 
results.

DATES: Applicable May 7, 2021.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC, 20230; 
telephone: (202) 482-2185.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 2016, Commerce published in the Federal Register an 
antidumping duty order on HFC Blends from China.\1\ On August 4, 2020, 
Commerce published a notice of opportunity to request an administrative 
review of the antidumping duty order on HFC blends from China.\2\ In 
response, the American HFC coalition and its individual members (the 
petitioners) \3\ requested a review of 15 companies.\4\ In addition, 
SRF Limited (SRF), an Indian producer/exporter of subject merchandise, 
requested an administrative review of itself.\5\ Commerce initiated a 
review of 15 companies on October 6, 2020.\6\ On October 22, 2020, 
Commerce placed U.S. Customs and Border Protection (CBP) data on the 
record of this review.\7\ We received comments on the CBP data from the 
petitioners and Daikin America, Inc. (Daikin America).\8\ The deadline 
for companies to submit an SRA or separate rate certification (SRC) was 
November 5, 2020.\9\ No party to this proceeding submitted an SRA or an 
SRC. The deadline for the preliminary results of this review is May 3, 
2021.
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    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 47167 (August 4, 2020).
    \3\ The American HFC Coalition is the following companies: 
Arkema, Inc.; the Chemours Company FC LLC; Honeywell International 
Inc.; and Mexichem Fluor Inc.
    \4\ See Petitioners' Letter, ``Hydrofluorocarbon Blends from the 
People's Republic of China: Request for Administrative Review of 
Antidumping Order,'' dated August 31, 2020.
    \5\ See SRF's Letter, ``Request for Administrative Review: 
Hydrofluorocarbon Blends from the People's Republic of China A-570-
028,'' dated August 31, 2020.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020) (Initiation 
Notice). We note that Commerce did not initiate an administrative 
review for one company for which the petitioners requested a review, 
BMP USA, Inc., because it is a known U.S. importer/blender. See, 
e.g., Hydrofluorocarbon Blends from the People's Republic of China: 
Scope Ruling on Unpatented R-421A; Affirmative Preliminary 
Determination of Circumvention of the Antidumping Duty Order for 
Unpatented R-421A; and Extension of Time Limit for Final 
Determination, 85 FR 12511 (March 3, 2020). Commerce's practice is 
to only conduct administrative reviews of producers/exporters of 
subject merchandise, not U.S. importers.
    \7\ See Memorandum, ``Release of Customs Entry Data from U.S. 
Customs and Border Protection,'' dated October 22, 2020.
    \8\ See Petitioners' Letter, ``Hydrofluorocarbon Blends from the 
People's Republic of China: Comments on CBP Entry Data Release,'' 
dated November 5, 2020; and Daikin America's Letter, 
``Hydrofluorocarbon Blends from the People's Republic of China: 
Comments on CBP Data,'' dated November 5, 2020.
    \9\ SRAs and SRCs were due thirty days from the publication date 
of the Initiation Notice. In this administrative review the deadline 
was November 5, 2020. See Initiation Notice, 85 FR at 63082-83.
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Scope of the Order

    The products subject to the 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.\10\
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    \10\ R-404A is sold under various trade names, including 
Forane[supreg] 404A, Genetron[supreg] 404A, Solkane[supreg] 404A, 
Klea[supreg] 404A, and Suva[supreg]404A. R-407A is sold under 
various trade names, including Forane[supreg] 407A, Solkane[supreg] 
407A, Klea[supreg]407A, and Suva[supreg]407A. R-407C is sold under 
various trade names, including Forane[supreg] 407C, Genetron[supreg] 
407C, Solkane[supreg] 407C, Klea[supreg] 407C and Suva[supreg] 407C. 
R-410A is sold under various trade names, including EcoFluor R410, 
Forane[supreg] 410A, Genetron[supreg] R410A and AZ-20, 
Solkane[supreg] 410A, Klea[supreg] 410A, Suva[supreg] 410A, and 
Puron[supreg]. R-507A is sold under various trade names, including 
Forane[supreg] 507, Solkane[supreg] 507, Klea[supreg]507, 
Genetron[supreg]AZ-50, and Suva[supreg]507. R-32 is sold under 
various trade names, including Solkane[supreg]32, Forane[supreg]32, 
and Klea[supreg]32. R-125 is sold under various trade names, 
including Solkane[supreg]125, Klea[supreg]125, Genetron[supreg]125, 
and Forane[supreg]125. R-143a is sold under various trade names, 
including Solkane[supreg]143a, Genetron[supreg]143a, and 
Forane[supreg]125.
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    Any blend that includes an HFC component other than R-32, R-125, R-
143a, or R-134a is excluded from the scope of the Order.
    Excluded from the Order are blends of refrigerant chemicals that 
include products other than HFCs, such as blends including 
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), 
hydrocarbons (HCs), or hydrofluoroolefins (HFOs).
    Also excluded from the Order are patented HFC blends, including, 
but not limited to, ISCEON[supreg] blends, including MO99TM (R-438A), 
MO79 (R-422A), MO59 (R-417A), MO49PlusTM (R-437A) and MO29TM (R-4 22D), 
Genetron[supreg] PerformaxTM LT (R-407F), Choice[supreg] R-421A, and 
Choice[supreg] R-421B.
    HFC blends covered by the scope of the Order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope is dispositive.\11\
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    \11\ See the Order. Certain merchandise has been the subject of 
affirmative anti-circumvention determinations by Commerce, pursuant 
to section 781 of the Tariff Act of 1930, as amended (the Act). As a 
result, the circumventing merchandise is included in the scope of 
the Order. See Hydrofluorocarbon Blends from the People's Republic 
of China: Final Negative Scope Ruling on Gujarat Fluorochemicals 
Ltd.'s R-410A Blend; Affirmative Final Determination of 
Circumvention of the Antidumping Duty Order by Indian Blends 
Containing Chinese Components, 85 FR 61930 (October 1, 2020); 
Hydrofluorocarbon Blends from the People's Republic of China: Final 
Scope Ruling on Unpatented R-421A; Affirmative Final Determination 
of Circumvention of the Antidumping Duty Order for Unpatented R-
421A, 85 FR 34416 (June 4, 2020); and Hydrofluorocarbon Blends from 
the People's Republic of China: Affirmative Final Determination of 
Circumvention of the Antidumping Duty Order; Unfinished R-32/R-125 
Blends, 85 FR 15428 (March 18, 2020).
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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 that requested 
a review withdraws the request within 90 days of the publication of the 
notice of initiation of the requested review.'' On November 5, 2020, 
SRF timely withdrew its request for review of itself.\12\ On January 4, 
2021, the

[[Page 24589]]

petitioners withdrew their request for administrative review for the 
following companies: Arkema Daikin Advanced Fluorochemicals (Changsu) 
Co., Ltd.; Daikin Fluorochemicals (China) Co., Ltd.; Dongyang Weihua 
Refrigerants Co., Ltd.; Jinhua Yonghe Fluorochemical Co., Ltd.; 
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.; 
Shandong Huaan New Material Co., Ltd.; T.T. International Co., Ltd.; 
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd.; 
Zhejiang Lantian Environmental Protection Fluoro Material Co. Ltd.; 
Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.; Zhejiang Sanmei 
Chemical Industry Co., Ltd.; Zhejiang Yonghe Refrigerant Co., Ltd.; and 
Zhejiang Zhonglan Refrigeration Technology Co., Ltd.\13\ Because all 
requests for reviews of these companies were timely withdrawn, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order on HFC blends from China with respect to these 
companies. The review will continue for the only remaining company for 
which an administrative review was requested and not withdrawn, 
PureMann.
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    \12\ See SRF's Letter, ``Withdrawal of Request for the 
Administrative Review of the Antidumping Duty Order on 
Hydrofluorocarbon Blends from the People's Republic of China (A-570-
028) (POR: 8/1/19-7/31/20),'' dated November 5, 2020.
    \13\ See Petitioners' Letter, ``Hydrofluorocarbon Blends from 
the People's Republic of China: Withdrawal of Review Request,'' 
dated January 4, 2021.
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Preliminary Results of Review

    Commerce considers China to be a non-market economy (NME) 
country.\14\ In accordance with section 771(18)(C)(i) of the Act, any 
determination that a foreign country is an NME country shall remain in 
effect until revoked by Commerce. Therefore, we continue to treat China 
as an NME country for the purposes of these preliminary results.
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    \14\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying Preliminary Decision Memorandum at 8, unchanged in 
Certain Aluminum Foil from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 
2018).
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    PureMann, the sole company subject to this review, did not file an 
SRA. Thus, Commerce preliminary determines that this company has not 
demonstrated its eligibility for separate rate status. As such, 
Commerce preliminarily determines that the company subject to this 
review is part of the China-wide entity. In addition, Commerce no 
longer considers the NME entity as an exporter conditionally subject to 
an antidumping duty administrative review.\15\ Accordingly, the NME 
entity will not be under review unless Commerce specifically receives a 
request for, or self-initiates, a review of the NME entity. In this 
administrative review, no party requested a review of the China-wide 
entity. Moreover, we have not self-initiated a review of the China-wide 
entity. Because no review of the China-wide entity is being conducted, 
the China-wide entity's entries are not subject to the review, and the 
rate applicable to the China-wide entity is not subject to change as a 
result of this review. The China-wide entity rate is 216.37 
percent.\16\
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    \15\ 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, 65970 (November 4, 
2013).
    \16\ See Order, 81 FR at 55438.
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Disclosure and Public Comment

    Normally, Commerce discloses the calculations used in its analysis 
to parties in a review within five days of the date of publication of 
the notice of preliminary results, in accordance with 19 CFR 
351.224(b). However, in this case, there are no calculations on the 
record to disclose.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\17\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
five days after the time limit for filing case briefs.\18\ Parties who 
submit case or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\19\ Case and 
rebuttal briefs should be filed using Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS).\20\ ACCESS is available to registered users at https://access.trade.gov.
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    \17\ See 19 CFR 351.309(c).
    \18\ See 19 CFR 351.309(d).
    \19\ See 19 CFR 351.309(c)(2)
    \20\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\21\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined.\22\ Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the schedules date.
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    \21\ See 19 CFR 351.310(c)
    \22\ See 19 CFR 351.310(d).
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    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.\23\
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    \23\ See 19 CFR 351.303(b)(1).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of all issues raised in the case briefs, within 120 
days of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of the administrative review, 
Commerce will determine, and CBP shall assess, antidumping duties on 
all appropriate entries covered by this review.\24\ If Commerce 
continues to find in the final results that PureMann is part of the 
China-wide entity, we intend to instruct CBP to liquidate entries 
containing subject merchandise exported by PureMann at the China-wide 
entity rate of 216.37 percent. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register. 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).
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    \24\ See 19 CFR 351.212(b)(1).
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    For the companies for which we have rescinded this administrative 
review, antidumping duties shall be assessed at rates equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.202(c)(1)(i). Commerce intends to issue assessment instructions 
to CBP no earlier than 35 days after the date of publication of this 
notice.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For

[[Page 24590]]

companies that have a separate rate, the cash deposit rate will be that 
established in the final results of this review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) for 
previously investigated or reviewed Chinese or non-Chinese exporters 
not listed above that received a separate rate in a prior segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific 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 that for the China-wide entity (i.e., 
216.37 percent); and (4) 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 the Chinese exporter that supplied 
that non-Chinese exporter. These 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) 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.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 
CFR 351.221(b)(4).

    Dated: May 3, 2021.
Christian Marsh,
Acting Assistant Secretary, Enforcement and Compliance.
[FR Doc. 2021-09717 Filed 5-6-21; 8:45 am]
BILLING CODE 3510-DS-P