[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50171-50173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19316]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-662 and 731-TA-1554 (Final)]


Pentafluoroethane (R-125) From China; Scheduling of the Final 
Phase of Countervailing Duty and Anti-Dumping Duty Investigations

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 and countervailing duty investigation Nos. 
701-TA-662 and 731-TA-1554 (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 pentafluoroethane (R-125) from China, 
provided for in subheadings 2903.39.20 and 2903.39.29 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the 
Department of Commerce (``Commerce'') to be subsidized and sold at 
less-than-fair-value.

DATES: August 17, 2021.

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[dash]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 these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``pentafluoroethane (R-125), or its chemical 
equivalent, regardless of form, type or purity level. R-125 has the 
Chemical Abstracts Service (CAS) registry number of 354-33-6 and the 
chemical formula C2HF5. R-125 is also referred to as Pentafluoroethane, 
Genetron HFC 125, Khladon 125, Suva 125, Freon 125, and Fc-125. R-125 
that has been blended with other products is included within the scope 
if such blends contain 85% or more by volume R-125, on an actual 
percentage basis. However, R-125 incorporated into a blend that 
conforms to ANSI/ASHRAE Standard 34 is excluded from the scope of these 
investigations. When R-125 is blended with other products and otherwise 
falls under the scope of these investigations, only the R-125 component 
of the mixture is covered by the scope of these investigations.
    Subject merchandise also includes purified and unpurified R-125 
that is processed in a third country or otherwise outside the customs 
territory of the United States, including, but not limited to, 
purifying, blending, or any other processing that would not otherwise 
remove the merchandise from the scope of these investigations if 
performed in the country of manufacture of the in-scope R-125. The 
scope also includes R-125 that is commingled with R-125 from sources 
not subject to these investigations. Only the subject component of such 
commingled products is covered by the scope of these investigations.
    Excluded from the scope is merchandise covered by the scope of the 
antidumping order on Hydrofluorocarbon Blends from the People's 
Republic of China, including

[[Page 50172]]

merchandise subject to the affirmative anti-circumvention determination 
in 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). 
See Hydrofluorocarbon Blends from the People's Republic of China: 
Antidumping Duty Order, 81 FR 55436 (August 19, 2016) (the Blends 
Order).
    R-125 is entered under Harmonized Tariff Schedule of the United 
States (HTSUS) subheading 2903.39.2035 and 2903.39.2938. Merchandise 
subject to the scope may also be entered under HTSUS subheadings 
2903.39.2045, 3824.78.0020, and 3824.78.0050. The HTSUS subheadings and 
CAS registry number are provided for convenience and customs purposes. 
The written description of the scope of these investigations is 
dispositive.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of pentafluoroethane (r-125), and that such products 
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 investigations 
were requested in petitions filed on January 12, 2021, by Honeywell 
International, Inc.
    For further information concerning the conduct of this phase of the 
investigations, 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 investigations 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 these 
investigations 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 investigations 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 
investigations.
    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 these investigations 
available to authorized applicants under the APO issued in the 
investigations, 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 investigations. A party granted access 
to BPI in the preliminary phase of the investigations 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 
these investigations will be placed in the nonpublic record on November 
30, 2021, 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 these investigations beginning at 9:30 a.m. on Tuesday, 
December 14, 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 Tuesday, December 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 attend a prehearing conference to be held at 9:30 
a.m. on Thursday, December 9, 2021. Oral testimony and written 
materials to be submitted at the public hearing are governed by 
sections 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 December 7, 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 Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
December 21, 2021. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before December 21, 2021. Parties may submit 
supplemental comments on Commerce's final countervailing and 
antidumping duty determinations on or before January 7, 2022. 
Supplemental party comments may address only Commerce's final 
determinations and may not exceed five (5) pages in length. On January 
26, 2022, 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 January 28, 
2022, 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.

[[Page 50173]]

    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (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: These investigations are 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 1, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-19316 Filed 9-3-21; 8:45 am]
 BILLING CODE 7020-02-P