[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 216-218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28486]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-044]


1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review; 
2020-2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
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 April 1, 2020, through 
March 31, 2021. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable January 4, 2022.

FOR FURTHER INFORMATION CONTACT: Brendan Quinn, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5848.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2021, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
1,1,1,2-

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Tetrafluoroethane (R-134a) from the People's Republic of China 
(China).\1\ In response, on April 30, 2021, the American HFC Coalition 
and its individual members \2\ (the petitioners) requested a review of 
one company, Puremann, Inc. (Puremann).\3\ Commerce initiated a review 
of this company on June 11, 2021.\4\ The deadline for interested 
parties to submit an SRA or separate rate certification (SRC) was July 
11, 2021.\5\ No party submitted an SRA or an SRC. On June 29, 2021, the 
petitioners submitted initial comments on the record of this review.\6\ 
On August 16, 2021, Commerce placed U.S. Customs and Border Protection 
(CBP) data on the record of this review demonstrating that there were 
no entries of subject merchandise during the POR.\7\ The petitioners 
submitted rebuttal comments on the CBP data on September 2, 2021, and 
supplemental comments on September 23, 2021.\8\ The deadline for the 
preliminary results of this review is January 3, 2022.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 17137 (April 1, 2021).
    \2\ American HFC Coalition's members include the following 
companies: Arkema Inc., the Chemours Company FC LLC, Honeywell 
International Inc., and Mexichem Fluor, Inc.
    \3\ See Petitioner's Letter, ``1,1,1,2-Tetrafluoroethane (R-
134a) from the People's Republic of China: Request for 
Administrative Review of Antidumping Duty Order,'' dated April 30, 
2021.
    \4\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 86 FR 31282 (June 11, 2021) (Initiation 
Notice).
    \5\ SRAs and SRCs were due thirty days from the publication of 
Commerce's Initiation Notice. In this administrative review, the 
deadline was July 11, 2021.
    \6\ See Petitioners' Letter, ``Antidumping Duty Administrative 
Review of 1,1,1,2-Tetrafluoroethane (R134a) from China: Request to 
Collect Additional CBP Data,'' dated June 29, 2021.
    \7\ See Memorandum, ``2020-2021 Administrative Review of the 
Antidumping Duty Order on 1,1,1,2-Tetrafluoroethane (R-134a) from 
the People's Republic of China,'' dated August 16, 2021.
    \8\ See Petitioners' Letters, ``Antidumping Duty Administrative 
Review of 1,1,1,2-Tetrafluoroethane (R-134a) from China: Rebuttal 
Comments on CBP Entry Data,'' dated September 2, 2021, and 
``Antidumping Duty Administrative Review of 1,1,1,2-
Tetrafluoroethane (R-134a) from China: Supplemental Information 
Concerning Census Data,'' dated September 23, 2021.
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Scope of the Order

    The merchandise covered by the order is 1,1,1,2-Tetrafluoroethane, 
R-134a, or its chemical equivalent, regardless of form, type, or purity 
level. The chemical formula for 1,1,1,2-Tetrafluoroethane is 
CF3-CH2 F, and the Chemical Abstracts Service 
registry number is CAS 811-97-2.\9\
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    \9\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade 
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 
134a (Honeywell); Freon\TM\ 134a, Suva 134a, Dymel 134a, and Dymel 
P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema). 
Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon 
134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159.
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    Merchandise subject to the order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheading 
2903.39.2020. Although the HTSUS subheading and CAS registry number are 
provided for convenience and customs purposes, the written description 
of the scope is dispositive.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213.

Preliminary Results of Review

    Puremann, the sole company subject to this review, did not file an 
SRA, nor a claim that it did not ship subject merchandise during the 
POR. Thus, Commerce preliminarily 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 non-market economy (NME) entity as an exporter 
conditionally subject to an antidumping duty administrative review.\10\ 
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 NME entity is not subject to 
change as a result of this review. The China-wide entity rate is 167.02 
percent.\11\
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    \10\ 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).
    \11\ See 1,1,1,2 Tetrafluoroethane (R-134a) from the People's 
Republic of China: Antidumping Duty Order, 82 FR 18422, 18423 (April 
19, 2017).
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\12\ ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal briefs, limited to issues raised in 
the case briefs, must be filed within seven days after the time limit 
for filing case briefs.\13\ Parties who submit case or rebuttal briefs 
in this proceeding are requested to submit with each argument a 
statement of the issue, a brief summary of the argument, and a table of 
authorities.\14\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1) and (2).
    \14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\16\ Requests should 
contain: (1) The party's name, address, the 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 those raised in the 
respective case and rebuttal briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the hearing to 
be held.\17\ Commerce intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review.\18\ We intend to 
instruct CBP to liquidate entries containing subject merchandise 
exported by the company under review that we determine in the final 
results to be part of the China-wide entity at the China-wide entity 
rate of 167.02 percent. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of

[[Page 218]]

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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    \18\ See 19 CFR 351.212(b)(1).
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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 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., 
167.02 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 reminder to importers of their 
responsibility under 19 CFR 315.402(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 Commerce'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 in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: December 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-28486 Filed 1-3-22; 8:45 am]
BILLING CODE 3510-DS-P