[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54192-54195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19061]


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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 Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty (AD) order on 
hydrofluorocarbon (HFC) blends from the People's Republic of China 
(China). The period of review (POR) is August 1, 2020, through July 31, 
2021. We preliminarily find that Huantai Dongyue International Trade 
Co., Ltd. (Huantai Dongyue), Shandong Dongyue Chemical Co., Ltd. 
(Shandong Dongyue), Zhejiang Yonghe Refrigerant Co., Ltd. (Zhejiang 
Yonghe), and Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei) had no 
shipments during the POR. Commerce also preliminarily determines that 
the remaining companies subject to this administrative review 
(collectively, the non-responsive parties) are part of the China-wide 
entity. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable September 2, 2022.

FOR FURTHER INFORMATION CONTACT: Steven Seifert, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3350.

SUPPLEMENTARY INFORMATION:

[[Page 54193]]

Background

    On August 19, 2016, Commerce published in the Federal Register an 
AD order on HFC blends from China.\1\ On August 2, 2021, Commerce 
published a notice of opportunity to request an administrative review 
of the Order for the POR.\2\ On August 31, 2021, Commerce received 
timely requests to conduct an administrative review of the Order, in 
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act), from the American HFC Coalition (petitioner) and Sanmei.\3\ 
Based on these requests, Commerce initiated an administrative review of 
the Order with respect to 43 companies on October 7, 2021.\4\ On 
October 14, 2021, consistent with the Initiation Notice, Commerce 
released U.S. Customs and Border Protection (CBP) data for purposes of 
respondent selection and provided interested parties an opportunity to 
comment on these data by October 21, 2021.\5\ Commerce received 
comments on the CBP Data from the petitioner and Sanmei.\6\ On October 
28, 2021, three companies submitted certifications of no shipments.\7\ 
The deadline for companies to submit an separate rate application (SRA) 
or separate rate certification (SRC) was November 8, 2021.\8\ On 
November 8, 2021, Sanmei submitted an SRA.\9\
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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, 86 FR 41436 (August 2, 2021).
    \3\ See Petitioner's Letter, ``Request for Administrative Review 
of Antidumping Duty Order,'' dated August 31, 2021; and Sanmei's 
Letter, ``Request for Administrative Review,'' dated August 31, 
2021.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55815, 55816 (October 7, 2021) 
(Initiation Notice).
    \5\ Id., 86 FR at 55811; see also Memorandum, ``Release of U.S. 
Customs and Border Protection Entry Data,'' dated October 14, 2021 
(CBP Data).
    \6\ See Petitioner's Letter, ``Comments on CBP Data Release,'' 
dated October 21, 2021; see also Sanmei's Letter, ``Submission of 
Zhejiang Sanmei's Comments on CBP Data,'' dated October 21, 2021.
    \7\ See Huantai Dongyue's Letter, ``Submission of Statement of 
No Shipment,'' dated October 28, 2021; Shandong Dongyue's Letter, 
``Submission of Statement of No Shipment,'' dated October 28, 2021; 
and Zhejiang Yonghe's Letter, ``Submission of Statement of No 
Shipment,'' dated October 28, 2021 (collectively, No-Shipment 
Statements).
    \8\ SRAs and SRCs were due thirty days from the publication date 
of the Initiation Notice. In this administrative review the deadline 
was November 8, 2021. See Initiation Notice, 86 FR at 55812.
    \9\ See Sanmei's Letter, ``Separate Rate Application,'' dated 
November 8, 2021.
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    On February 7, 2022, we selected Sanmei as a mandatory respondent 
in this review and issued the AD questionnaire to it.\10\ On April 25, 
2022, Commerce extended the deadline for the preliminary results of 
this administrative review until June 24, 2022.\11\ On June 3, 2022, 
Commerce again extended the deadline for the preliminary results of 
this administrative review until August 31, 2022.\12\
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    \10\ See Memorandum, ``Selection of Respondents for Individual 
Examination,'' dated February 7, 2022; and Commerce's Letter, 
``Request for Information,'' dated February 7, 2022.
    \11\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 25, 
2022.
    \12\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated June 3, 
2022.
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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.\13\
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    \13\ 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.\14\
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    \14\ 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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Preliminary Determination of No Shipments

    Commerce's practice is to conduct administrative reviews only on 
suspended entries of subject merchandise.\15\ Based on information 
Commerce received from Enforcement and Compliance's Customs and Liaison 
Unit,\16\ as well as information submitted by Sanmei's U.S. importer 
(Company A), we preliminarily determine that Sanmei had no shipments of 
the subject merchandise during the POR because there are no suspended 
entries during the POR.\17\ Likewise, based on the CBP Data and the No-
Shipment Statements, we preliminarily determine that Huantai

[[Page 54194]]

Dongyue, Shandong Dongyue, and Zhejiang Yonghe had no shipments of the 
subject merchandise during the POR.
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    \15\ See Honey from the People's Republic of China: Final 
Rescission of the New Shipper Review and Final Results of the 
Administrative Review; 2015-2016, 83 FR 1015 (January 9, 2018), and 
accompanying Issues and Decision Memorandum, at Comment 4.
    \16\ See Memorandum, ``U.S. Customs and Border Patrol 
Information,'' dated June 24, 2022.
    \17\ See Memorandum, ``Business Proprietary Information (BPI) 
Related to the Preliminary Finding of No Shipments,'' dated 
concurrently with this notice.
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    Consistent with Commerce's practice, we will not rescind the review 
with respect to Sanmei, Huantai Dongyue, Shandong Dongyue, and Zhejiang 
Yonghe, but, rather, will complete the review and issue appropriate 
liquidation instructions to CBP based on the final results.\18\
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    \18\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2018-2019, 85 
FR 74673 (November 23, 2020), unchanged in Polyethylene 
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Final 
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR 
14311 (March 15, 2021).
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China-Wide Entity

    In accordance with Commerce's policy, the China-wide entity will 
not be under review unless a party specifically requests, or Commerce 
self-initiates, a review of the entity.\4\ Because no party requested a 
review of the China-wide entity in this review, the entity is not under 
review, and the entity's rate is not subject to change (i.e., 216.37 
percent).\19\
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    \19\ See Order, 81 FR at 55438.
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    Aside from Sanmei, Huantai Dongyue, Shandong Dongyue, and Zhejiang 
Yonghe, which we preliminarily find made no shipments, Commerce 
considers all other companies for which a review was requested to be 
part of the China-wide entity because they did not demonstrate their 
separate rate eligibility.\20\ Accordingly, for the preliminary 
results, we consider the following non-responsive parties, none of 
which submitted a separate rate application, to be part of the China-
wide entity: Changshu 3F Zhonghao New Chemical Materials Co., Ltd.; 
Daikin Fluorochemicals (China) Co., Ltd.; Dongyang Weihua Refrigerants 
Co., Ltd.; Electrochemical Factory of Zhejiang Juhua Co., Ltd.; Fujian 
Qingliu Dongying Chemical Ind. Co., Ltd.; Hongkong Richmax Ltd.; Icool 
International (Hong Kong) Limited; Jiangsu Bluestar Green Technology 
Co., Ltd.; Jiangsu Meilan Chemical Co., Ltd.; Jiangsu Sanmei Chemicals 
Co., Ltd; Jinhua Binglong Chemical Technology Co., Ltd.; Jinhua Yonghe 
Fluorochemical Co., Ltd.; Liaocheng Fuer New Materials Technology Co., 
Ltd.; Linhai Limin Chemicals Co., Ltd.; Ninhua Group Co., Ltd.; 
Puremann, Inc.; Ruyuan Dongyangguang Fluorine Co., Ltd.; Shandong Huaan 
New Material Co., Ltd.; Shandong Xinlong Science Technology Co., Ltd.; 
Shanghai Aohong Chemical Co., Ltd.; Sinochem Environmental Protection 
Chemicals (Taicang) Co., Ltd.; Sinochem Lantian Fluoro Materials Co., 
Ltd.; T.T. International Co., Ltd.; Taizhou Huasheng New Refrigeration 
Material Co., Ltd.; Taizhou Qingsong Refrigerant New Material Co., 
Ltd.; Weitron International Refrigeration Equipment (Kunshan) Co., 
Ltd.; Weitron International Refrigeration Equipment Co., Ltd.; Zhejiang 
Fulai Refrigerant Co., Ltd.; Zhejiang Guomao Industrial Co., Ltd.; 
Zhejiang Lantian Environmental Protection Fluoro Material Co. Ltd.; 
Zhejiang Lishui Fuhua Chemical Co., Ltd.; Zhejiang Organic Fluor-
Chemistry Plant; Zhejiang Juhua Co., Ltd.; Zhejiang Quhua Fluor-
Chemistry Co., Ltd.; Zhejiang Quhua Juxin Fluorochemical Industry Co., 
Ltd.; Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.; Zhejiang 
Quzhou Lianzhou Refrigerants Co., Ltd.; Zhejiang Sanmei Chemical 
Industry Co., Ltd.; Zhejiang Zhiyang Chemical Co., Ltd.; Zhejiang 
Zhonglan Refrigeration Technology Co., Ltd.; and Zibo Feiyuan Chemical 
Co., Ltd.
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    \20\ See Initiation Notice, 86 FR at 55812 (``All firms listed 
below that wish to qualify for separate rate status in the 
administrative reviews involving {non-market economy{time}  
countries must complete, as appropriate, either a separate rate 
application or certification, as described below.'').
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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 to 
disclose.
    Interested parties are invited to comment on the preliminary 
determination of no shipments in this review. Case briefs or other 
written comments may be submitted to Commerce no later than 30 days 
after the date of publication of this notice.\21\ Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
seven days after the deadline for case briefs.\22\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs 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.\23\ An electronically-filed document must 
be received successfully in its entirety via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) by 5 p.m. eastern time on the established 
deadline. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\24\
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    \21\ See 19 CFR 351.309(c).
    \22\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020) (Temporary Rule).
    \23\ See 19 CFR 351.309(c)(2) and (d)(2).
    \24\ See Temporary Rule.
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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.\25\ 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, parties will be notified of the time and 
date for the hearing.\26\
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    \25\ See 19 CFR 351.310(c).
    \26\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\27\
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    \27\ See section 751(a)(3)(A) of the Act.
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Assessment

    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.\28\ For the companies 
which Commerce determined had no shipments of the subject merchandise 
during the POR, any suspended entries of subject merchandise that 
entered under any of these exporters' CBP case numbers during the POR 
will be liquidated at the China-wide rate.\29\ In accordance with 
section 751(a)(2)(C) of the Act, the final results of this review shall 
be the basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated antidumping duties, where applicable.
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    \28\ See 19 CFR 351.212(b)(1).
    \29\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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    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.

[[Page 54195]]

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).

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 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 serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(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) of the Act and 19 CFR 351.213(d).

    Dated: August 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19061 Filed 9-1-22; 8:45 am]
BILLING CODE 3510-DS-P