[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60639-60640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19044]


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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 Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China 
(China) was sold in the United States at less than normal value during 
the period of review (POR), April 1, 2021, through March 31, 2022. In 
addition, Commerce determines that certain companies had no shipments 
during the POR or did not establish their eligibility for a separate 
rate.

DATES: Applicable September 5, 2023.

FOR FURTHER INFORMATION CONTACT: Patrick Barton or David Lindgren, 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 or (202) 
482-1671, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 3, 2023, Commerce published the Preliminary Results of this 
review in the Federal Register and invited interested parties to 
comment on those results.\1\ For a summary of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce conducted this administrative review in 
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act).
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    \1\ See 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, 88 FR 27861 (May 3, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final 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 (Issues and 
Decision Memorandum).
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Scope of the Order 3
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    \3\ 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).
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    The merchandise covered by the Order is R-134a from China. For a 
complete description of the scope, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached at Appendix to this notice. 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily found that T.T. 
International Co., Ltd. (TTI) had no shipments of subject merchandise 
during the POR. Following the publication of the Preliminary Results, 
we received no comments from interested parties regarding TTI, nor has 
any party submitted record evidence which would call our preliminary 
determination of no shipments into question. Therefore, for the final 
results, we continue to find that TTI had no shipments of subject 
merchandise during the POR. Accordingly, we will issue appropriate 
instructions that are consistent with our ``automatic assessment'' 
clarification for TTI.\4\
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    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement); see also ``Assessment Rates'' section, below.
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The China-Wide Entity

    Aside from the company for which we made a final no-shipment 
determination, Commerce considers all other companies for which a 
review was requested, and which did not demonstrate separate rate 
eligibility, to be part of the China-wide entity. Specifically, because 
Zhejiang Quhua Fluor-Chemistry Co., Ltd. (Zhejiang Quhua) did not 
establish its eligibility for a separate rate in this administrative 
review, we consider Zhejiang Quhua to be part of the China-wide entity. 
Because no party requested a review of the China-wide entity, and 
Commerce no longer considers the China-wide entity as an exporter 
conditionally subject to administrative reviews,\5\ we did not conduct 
a review of the China-wide entity. Thus, the weighted-average dumping 
margin for the China-wide entity rate (i.e., 167.02 percent) is not 
subject to change.\6\
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    \5\ 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, 65969-70 (November 
4, 2013).
    \6\ See Order, 82 FR at 18423.
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Final Results of Review

    Commerce determines 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                  147.08
 Sanmei Chemical Ind. Co., Ltd./Fujian Qingliu
 Dongying Chemical Ind. Co. Ltd.....................
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[[Page 60640]]

Disclosure

    There are no calculations to disclose in accordance with 19 CFR 
351.224(b) for these final results.

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), where 
the respondent reported the entered value of its U.S. sales, we 
calculated importer-specific antidumping duty assessment rates by 
aggregating the total amount of dumping calculated for the examined 
sales of each importer and dividing each of these amounts by the total 
entered value associated with those sales. Where the respondent did not 
report entered value, we calculated the entered value in order to 
calculate the assessment rate. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    For the company identified as part of the China-wide entity 
(Zhejiang Quhua), we will instruct CBP to apply an ad valorem 
assessment rate of 167.02 percent to all POR entries of subject 
merchandise which was exported by this company. Pursuant to a 
refinement in our non-market economy practice, for sales that were not 
reported in the U.S. sales data submitted by Zhejiang Sanmei Chemical 
Ind. Co., Ltd. during this review, we will instruct CBP to liquidate 
entries associated with those sales at the rate for the China-wide 
entity.\7\ Furthermore, where we found that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
cash deposit rate) will be liquidated at the rate for the China-wide 
entity.\8\
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    \7\ See Assessment Practice Refinement, 76 FR at 65694 for a 
full discussion of this practice.
    \8\ Id.
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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. 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 for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rates for the companies 
identified above in the ``Final Results of Review'' section will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
previously examined China and non-China exporters not listed above that 
have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recently completed 
segment of this proceeding; (3) for all China 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 non-China exporters of subject 
merchandise which have not received their own separate rate, the cash 
deposit rate will be the rate applicable to the China exporter that 
supplied that non-China exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written 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 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: August 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Surrogate Country Selection
    Comment 2: Surrogate Financial Statements Selection
    Comment 3: TCE Surrogate Value
    Comment 4: BHF Surrogate Value
    Comment 5: By-Product Offsets
V. Recommendation

[FR Doc. 2023-19044 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P