[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Pages 27861-27864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09349]


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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, 
Partial Rescission, and Preliminary Determination of No Shipments; 
2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the sole mandatory respondent under review sold subject 
merchandise at less than normal value (NV) during the period of review 
(POR) April 1, 2021, through March 31, 2022. Additionally, Commerce 
preliminarily finds that one company had no shipments of subject 
merchandise during the POR and that it is appropriate to rescind this 
review with

[[Page 27862]]

respect to 22 companies because all requests for review of these 
companies were withdrawn. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable May 3, 2023.

FOR FURTHER INFORMATION CONTACT: Patrick Barton, 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) 482-0012.

SUPPLEMENTARY INFORMATION:

Background

    On April 19, 2017, Commerce published in the Federal Register the 
antidumping duty (AD) order on 1,1,1,2-Tetrafluoroethane (R-134a) from 
the People's Republic of China (China).\1\ On June 9, 2022, pursuant to 
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), 
Commerce initiated an administrative review of Order.2 The 
review covers 25 companies, including mandatory respondent Zhejiang 
Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei).\3\
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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 Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022) (Initiation 
Notice).
    \3\ We have preliminarily determined to treat Zhejiang Sanmei, 
Jiangsu Sanmei Chemical Ind. Co., Ltd. (Jiangsu Sanmei), and Fujian 
Qingliu Dongying Chemical Ind. Co., Ltd. (Fujian Qingliu) as a 
single entity for purposes of this administrative review. For 
further discussion, see Memorandum, ``Decision Memorandum for the 
Preliminary Results of Antidumping Duty Administrative Review: 
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of 
China; 2021-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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    For events that occurred since the Initiation Notice and the 
analysis behind the preliminary results herein, see the Preliminary 
Decision Memorandum.\4\ The Preliminary 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. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics 
discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice.
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    \4\ See Preliminary Decision Memorandum.
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Scope of the Order 5
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    \5\ See Order.
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    The product covered by the Order is R-134a from China. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
September 7, 2022, the American HFC Coalition (the petitioner) timely 
withdrew its review request for 22 companies listed in the Initiation 
Notice. No other parties requested a review of these companies. 
Accordingly, pursuant to 19 CFR 351.213(d)(1), Commerce is rescinding 
the administrative review with respect to the companies listed in 
Appendix II. Zhejiang Sanmei, T.T. International Co., Ltd. (TTI), and 
Zhejiang Quhua Fluor-Chemistry Co., Ltd. (Zhejiang Quhua) remain under 
review.\6\
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    \6\ See Preliminary Decision Memorandum; see also Petitioner's 
Letter, ``Partial Withdrawal of Request for Administrative Review of 
Antidumping Duty Order,'' dated September 7, 2022.
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Preliminary Determination of No Shipments

    We preliminarily determine that TTI had no shipments of subject 
merchandise during the POR. Consistent with our practice in non-market 
economy (NME) cases, Commerce is not rescinding this review with 
respect to TTI but, rather, we intend to complete the review and issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 
based on the final results of the review.\7\ For further discussion, 
see the Preliminary Decision Memorandum.
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
AD Assessment).
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Separate Rates

    We preliminarily determine that the Zhejiang Sanmei single entity 
is entitled to separate rate status. Moreover, because Zhejiang Quhua 
did not submit a separate rate application or certification, we 
preliminarily find that the company has not established its eligibility 
for a separate rate.

The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\8\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, the entity is not 
under review, and the entity's rate, i.e., 167.02 percent, is not 
subject to change.\9\ Because Zhejiang Quhua did not establish its 
eligibility for a separate rate in this administrative review, we 
preliminarily consider Zhejiang Quhua to be part of the China-wide 
entity.
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    \8\ 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 (November 4, 2013).
    \9\ See Order, 82 FR at 18423.
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Methodology

    We are conducting this administrative review in accordance with 
section 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated 
export prices for Zhejiang Sanmei in accordance with section 772(a) of 
the Act. Because China is an NME within the meaning of section 771(18) 
of the Act, we calculated NV in accordance with section 773(c) of the 
Act. For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period April 1, 2021, through March 31, 
2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Zhejiang Sanmei Chemical Ind. Co., Ltd./Jiangsu Sanmei           147.08
 Chemical Ind. Co., Ltd./Fujian Qingliu Dongying Chemical
 Ind. Co. Ltd..............................................
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[[Page 27863]]

Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs no later than 30 
days after the date of publication of these preliminary results of 
review.\10\ Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than seven days after the deadline date for 
case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties 
who submit case briefs or rebuttal briefs in this review 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. Executive 
summaries should be limited to five pages total, including footnotes. 
Case and rebuttal briefs should be filed using ACCESS \12\ and must be 
served on interested parties.\13\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\14\
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    \10\ See 19 CFR 351.309(c).
    \11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \12\ See generally 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ 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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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically via Commerce's electric records system, ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\15\ Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at a time and date to be determined.\16\ Parties 
should confirm by telephone the date and time of the hearing two days 
before the scheduled date.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310(d).
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    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of our 
analysis of the issues raised in the case and rebuttal briefs, within 
120 days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h).

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce 
intends to issue assessment instructions to CBP 35 days after the 
publication of the final results of this review. 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).
    If the ad valorem weighted-average dumping margin for the Zhejiang 
Sanmei, Jiangsu Sanmei, and Fujian Qingliu single entity is not zero or 
de minimis (i.e., less than 0.50 percent) in the final results of this 
review, Commerce will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total quantity of those sales, in 
accordance with 19 CFR 351.212(b)(1).\17\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific ad valorem assessment rate calculated 
in the final results of this review is not zero or de minimis.
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    \17\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    In addition, if in the final results we continue to find no 
shipments of subject merchandise for TTI, any suspended entries of 
subject merchandise associated with TTI will be liquidated at the 
China-wide rate.\18\
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    \18\ See NME AD Assessment.
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    For the companies for which the administrative review is rescinded, 
antidumping duties shall be assessed at a rate equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(i). We intend to issue appropriate assessment 
instructions to CBP with respect to the companies for which this 
administrative review is rescinded 35 days after the publication of 
this notice in the Federal Register.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for all shipments of 
the subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit 
rate for the Zhejiang Sanmei, Jiangsu Sanmei, and Fujian Qingliu single 
entity will be that rate established in the final results of this 
review (except, if the rate is de minimis, then a cash deposit rate of 
zero will be required); (2) for a previously investigated or reviewed 
exporter of subject merchandise not listed in the final results of 
review that has a separate rate, the cash deposit rate will continue to 
be the exporter's existing cash deposit 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 the rate for 
the China-wide entity (i.e., 167.02 percent); and (4) for all exporters 
of subject merchandise that are not located in China and are not 
eligible for a separate rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter(s) that supplied that non-Chinese 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Notification to Importers

    This notice also 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 the preliminary results of this 
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act, 
and 19 CFR 351.213(d)(4), 19 CFR 351.213(h)(1), and 19 CFR 
351.221(b)(4).


[[Page 27864]]


    Dated: April 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Respondent Selection
VI. Partial Rescission of Administrative Review
VII. Preliminary Determination of No Shipments
VIII. Single Entity Treatment
IX. Discussion of the Methodology
X. Recommendation

Appendix II

Companies for Which the Administrative Review Is Being Rescinded

1. Electrochemical Factory of Zhejiang Juhua Co., Ltd.
2. Fujian Qingliu Dongying Chemical Ind. Co., Ltd.
3. Hongkong Richmax Ltd.
4. Huantai Dongyue International Trade Co. Ltd.
5. Jiangsu Bluestar Green Technology Co., Ltd.
6. Jiangsu Sanmei Chemicals Co., Ltd.
7. Jinhua Binglong Chemical Technology Co., Ltd.
8. Jinhua Yonghe Fluorochemical Co., Ltd.
9. Puremann, Inc.
10. Shandong Dongyue Chemical Co., Ltd.
11. Shandong Huaan New Material Co., Ltd.
12. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
13. Weitron International Refrigeration Equipment (Kunshan) Co., 
Ltd. (aka Weichang Refrigeration Equipment (Kunshan) Co., Ltd.)
14. Zhejiang Juhua Co., Ltd.
15. Zhejiang Morita New Materials Co., Ltd.
16. Zhejiang Organic Fluor-Chemistry Plant, Zhejiang Juhua Co., Ltd.
17. Zhejiang Quhua Juxin Fluorochemical Industry Co., Ltd.
18. Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.
19. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.
20. Zhejiang Yonghe Refrigerant Co., Ltd.
21. Zhejiang Zhonglan Refrigeration Technology Co., Ltd.
22. Zibo Feiyuan Chemical Co., Ltd.

[FR Doc. 2023-09349 Filed 5-2-23; 8:45 am]
BILLING CODE 3510-DS-P