[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40498-40499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14424]
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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: Final Results of the First Expedited Sunset Review of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this first expedited sunset review, the U.S.
Department of Commerce (Commerce) finds that revoking the antidumping
duty (AD) order on 1,1,1,2- Tetrafluoroethane (R-134a) from the
People's Republic of China (China) would likely lead to continuation or
recurrence of dumping at the level indicated in the ``Final Results of
First Sunset Review'' section of this notice.
DATES: Applicable July 7, 2022.
FOR FURTHER INFORMATION CONTACT: Katherine Sliney, 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) 482-2437.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2022, Commerce published the notice of initiation of
the first sunset review of the AD order on R-134a from China,\1\
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\ Commerce received a notice of intent to participate from the
American HFC Coalition and its individual members (i.e., Arkema Inc.,
The Chemours Company FC LLC, Honeywell International Inc., and Mexichem
Fluor Inc (collectively, the domestic interested party), within the
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic
interested party claimed interested party status under section
771(9)(C) of the Act, as a coalition of domestic manufacturers and
producers of R-134a in the United States.
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\1\ See 1,1,1,2 Tetrafluoroethane (R-134a) from the People's
Republic of China: Antidumping Duty Order, 82 FR 18422 (April 19,
2017) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416
(March 1, 2022).
\3\ See Domestic Interested Party's Letter, ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on 1,1,1,2-
Tetrafluoroethane (R-134a) from China: Notice of Intent to
Participate,'' dated March 16, 2022.
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Commerce received a substantive response from the domestic
interested party within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\4\ We received no substantive response from any other
interested parties in this proceeding. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day) sunset review of the Order.
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\4\ See Domestic Interested Party's Letter, ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on 1,1,1,2-
Tetrafluoroethane (R-134a) from China: Substantive Response to
Notice of Initiation of Five-Year (Sunset) Review of the Antidumping
Duty Order,'' dated March 31, 2022 (Substantive Response).
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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 (CAS) registry number is CAS 811-97-
2.\5\
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\5\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron
134a (Honeywell); FreonTM 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
2903.45.1000. Although the HTSUS subheading and CAS registry number are
provided for convenience and customs purposes, the written description
of the scope is dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum.\6\ The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. A list of the topics discussed in the Issues
and Decision Memorandum is included as the appendix to this notice. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the First Sunset Expedited Review of the
Antidumping Duty Order on 1,1,1,2-Tetrafluoroethane (R-134a) from
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c) of the Act, Commerce
determines that revocation of the Order would be likely to lead to
continuation or recurrence of dumping and that the magnitude of the
margins of dumping likely to prevail is up to 167.02 percent.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and
19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: June 29, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
[[Page 40499]]
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2022-14424 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P