[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49516-49517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19138]


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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; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) finds that the sole 
company subject to this administrative review is part of the China-wide 
entity because it did not file a separate rate application (SRA). The 
period of review (POR) is August 1, 2019, through July 31, 2020.

DATES: Applicable September 3, 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 May 7, 2021, Commerce published the Preliminary Results of this 
administrative review of the antidumping duty order on 
hydrofluorocarbon (HFC) blends from the People's Republic of China 
(China) in the Federal Register.\1\ Although we invited parties to 
comment on the Preliminary Results, no interested party submitted 
comments. Accordingly, no decision memorandum accompanies this Federal 
Register notice.\2\
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    \1\ See 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, 86 FR 24587 (May 7, 2021) (Preliminary Results).
    \2\ For further details of the issues addressed in this 
proceeding, see Preliminary Results and accompanying Preliminary 
Decision Memorandum.
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products subject to the Order are HFC blends.\3\ 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.\4\
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    \3\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
    \4\ 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.\5\
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    \5\ See Order. Certain merchandise has been the subject of 
affirmative anti-circumvention determinations by Commerce, pursuant 
to section 781 of 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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[[Page 49517]]

Final Results of Review

    Because we received no comments, we made no changes to the 
Preliminary Results. We continue to find that PureMann, Inc. 
(PureMann), the sole company subject to this review, did not file an 
SRA and has not demonstrated its eligibility for separate rate status; 
therefore, PureMann is part of the China-wide entity. In this 
administrative review, no party requested a review of the China-wide 
entity, and Commerce did not self-initiate a review of the China-wide 
entity. Thus, the China-wide entity's entries were not subject to the 
review, and the rate applicable to the China-wide entity was not 
subject to change as a result of this review. The China-wide entity 
rate remains 216.37 percent.\6\
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    \6\ 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 final results, in accordance with 19 CFR 351.224(b). 
However, in this case, there are no calculations on the record to 
disclose.

Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). 
Because we determined that PureMann was not eligible for a separate 
rate and is part of the China-wide entity, we will instruct CBP to 
apply an ad valorem assessment of 216.37 percent to all entries of 
subject merchandise during the POR that were exported by PureMann.
    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 
file a request for a statutory injunction has expired (i.e., within 90 
days of publication).

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 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; (2) 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 (3) 
for all non-Chinese exporters of subject merchandise that 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 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.

Notification Regarding Administrative Protective Order

    This notice serves as a 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/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.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(l) and 777(i) of the Act.

    Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-19138 Filed 9-2-21; 8:45 am]
BILLING CODE 3510-DS-P