[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60926-60928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19120]


-----------------------------------------------------------------------

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; 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 did not make 
sales of Hydrofluorocarbon Blends (HFC blends) from the People's 
Republic of China (China) at less than normal value (NV) during the 
period of review (POR), August 31, 2021, through July 31, 2022. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable September 6, 2023.

FOR FURTHER INFORMATION CONTACT: Alex Wood, 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) 482-1959.

SUPPLEMENTARY INFORMATION: 

Background

    On August 19, 2016, Commerce published the antidumping duty (AD) 
order on HFC blends from China.\1\ On August 2, 2022, Commerce 
published a notice of opportunity to request an administrative review 
of the Order, covering the POR, pursuant to section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act).\2\ On October 11, 2022, based 
on timely requests for review from American HFC Coalition and Zhejiang 
Sanmei Chemical Industry Co., Ltd. (Sanmei),\3\ Commerce initiated an 
administrative review of the Order covering the POR.\4\ The 
administrative review covers 17 companies,\5\ including the mandatory 
respondent, Sanmei. On April 10, 2023, Commerce extended the deadline 
for the preliminary results of this review to no later than August 31, 
2023.\6\
---------------------------------------------------------------------------

    \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 and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \3\ See HFC Coalition's Letter, ``Request for Administrative 
Review,'' dated August 31, 2022; see also Sanmei's Letter, ``Request 
for Administrative Review,'' dated August 31, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022) (Initiation 
Notice).
    \5\ The Initiation Notice listed 18 companies. However, Zhejiang 
Sanmei Chemical Ind. Co., Ltd. is the same company as Zhejiang 
Sanmei Chemical Industry Co., Ltd.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
April 10, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are shipments of HFC blends from 
China. For a full description of the scope of the Order, see the 
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review of 
Hydrofluorocarbon Blends from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Separate Rate

    Commerce preliminarily determines that one respondent, Sanmei, the 
only company individually examined in this

[[Page 60927]]

review, is eligible to receive a separate rate in this review.\8\
---------------------------------------------------------------------------

    \8\ Id. at ``Separate Rates'' section.
---------------------------------------------------------------------------

China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\9\ 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 in this review, the entity is not under review, and the 
entity's rate (i.e., 216.37 percent) is not subject to change.\10\ 
Commerce considers the 16 companies for which a review was requested 
(which did not file a separate rate application or did not demonstrate 
separate rate eligibility) listed in Appendix II to this notice, to be 
part of the China-wide entity.\11\
---------------------------------------------------------------------------

    \9\ 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).
    \10\ See Order.
    \11\ See Initiation Notice (``All firms listed below that wish 
to qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.''), 
87 FR at 61285; see also Appendix II, infra, for the list of 
companies that are subject to this administrative review that are 
considered to be part of the China-wide entity.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export price in accordance with 
section 772 of the Act. Because China is an NME country within the 
meaning of section 771(18) of the Act, we calculated normal value in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
preliminary results, see the Preliminary Decision Memorandum.\12\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \12\ See Preliminary Decision Memorandum at ``Discussion of the 
Methodology.''
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period August 31, 2021, through 
July 31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Sanmei Chemical Industry Co., Ltd.......................            0.00
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\13\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Public Comment

    Case briefs or other written comments may be submitted to Commerce 
no later than 30 days after the date of publication of this notice.\14\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the time limit for filing case 
briefs.\15\ 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.\16\ Case and rebuttal briefs should be filed using 
ACCESS.\17\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\18\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(c).
    \15\ See 19 CFR 351.309(c); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ See 19 CFR 351.303.
    \18\ See Temporary Rule.
---------------------------------------------------------------------------

    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 ACCESS within 30 days after the date of publication 
of this notice.\19\ 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, Commerce intends to hold the hearing at a date and 
time to be determined.\20\ Parties should confirm by telephone the date 
and time of the hearing two days before the scheduled date. An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c).
    \20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless the deadline is extended, 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.\21\
---------------------------------------------------------------------------

    \21\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\22\ If the 
preliminary results are unchanged for the final results, we will 
instruct CBP to apply an ad valorem assessment rate of 216.37 percent 
to all entries of subject merchandise during the POR which were 
exported by the companies considered to be a part of the China-wide 
entity listed in Appendix II of this notice.
---------------------------------------------------------------------------

    \22\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    If the individually examined respondent's weighted-average dumping 
margin is above de minimis (i.e., 0.50 percent) in the final results of 
this review, we will calculate an importer-specific assessment rate on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and, where possible, the total entered 
value of those same sales in accordance with 19 CFR 351.212(b)(1).\23\ 
Where an importer- (or customer-) specific ad valorem rate is zero or 
de minimis, we will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\24\
---------------------------------------------------------------------------

    \23\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \24\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales database 
submitted by exporter individually examined during this review, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate.\25\
---------------------------------------------------------------------------

    \25\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).

---------------------------------------------------------------------------

[[Page 60928]]

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after 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 upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise 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) for the subject 
merchandise exported by the company listed above that has a separate 
rate, the cash deposit rate will be equal to the weighted-average 
dumping margin established in the final results of this administrative 
review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required); (2) for previously investigated or reviewed 
Chinese and 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; 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. These 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) 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 of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 
CFR 351.221(b)(4).

    Dated: August 29, 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. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

Appendix II--Companies Considered To Be Part of the China-Wide Entity

1. Changzhou Vista Chemical Co., Ltd.
2. Daikin Fluorochemicals (China) Co., Ltd.
3. Dongyang Weihua Refrigerants Co., Ltd.
4. Hangzhou Icetop Refrigeration Co., Ltd.
5. Jiangsu Sanmei Chemicals Co., Ltd.
6. Oasis Chemical Co., Limited
7. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
8. Superfy Industrial Limited
9. Tianjin Synergy Gases Products, Co., Ltd.
10. Weitron International Refrigeration Equipment (Kunshan) Co., 
Ltd.
11. Weitron International Refrigeration Equipment Co., Ltd.
12. Yangfar Industry Co., Ltd
13. Zhejiang Lantian Environmental Protection Fluoro Material Co. 
Ltd
14. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd
15. Zhejiang Yonghe Refrigerant Co., Ltd
16. Zhejiang Zhonglan Refrigeration Technology Co., Ltd

[FR Doc. 2023-19120 Filed 9-5-23; 8:45 am]
BILLING CODE 3510-DS-P