[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4909-4911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01432]


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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 and Partial Rescission of Antidumping Duty 
Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain companies subject to the administrative review 
of the antidumping duty (AD) order on 1,1,1,2-Tetrafluoroethane (R-
134a) from the People's Republic of China (China) remain part of the 
China-wide entity during the period of review (POR) April 1, 2022, 
through March 31, 2023. In addition, Commerce is rescinding this review 
in part with respect to certain companies that did not ship subject 
merchandise during the POR. Interested parties are invited to comment 
on these preliminary results of review.

DATES: Applicable January 25, 2024.

FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009.

SUPPLEMENTARY INFORMATION:

Background

    On April 19, 2017, Commerce published in the Federal Register the 
AD order on R-134a from China.\1\ On April 4, 2023, Commerce published 
in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On April 28, 2023, American HFC 
Coalition and its individual members (the petitioner) submitted a 
timely request that Commerce conduct an administrative review.\3\ On 
June 12, 2023, Commerce published in the Federal Register a notice of 
initiation of administrative review with respect to imports of R-134a 
from China with respect to 28 companies/company groupings for the 
POR.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 19916 (April 4, 
2023).
    \3\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated April 28, 2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023).
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    On July 20, 2023, we placed on the record U.S. Customs and Border 
Protection (CBP) data for entries of R-134a from China, and invited 
interested parties to comment.\5\ On August 24, 2023, the petitioner 
submitted comments requesting that Commerce follow established practice 
and select the two largest exporters for review.\6\ On December 14, 
2023, Commerce notified interested parties of its intent to rescind the 
review for companies with an existing separate rate that did not have 
any suspended entries during the POR.\7\ Pursuant to section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the deadline for the preliminary results until January 31, 
2024.\8\
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    \5\ See Memorandum, ``Release of Customs and Border Protection 
Data,'' dated July 20, 2023.
    \6\ See Petitioner's Letter, ``HFC Coalition's Comments on CBP 
Data and Respondent Selection,'' dated August 24, 2023.
    \7\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated December 14, 2023 (Intent to Rescind Memorandum).
    \8\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
15, 2023.
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Scope of the Order 9
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    \9\ See Order.
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    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.\10\
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    \10\ 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.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order where it 
concludes that there were no suspended entries of subject merchandise 
during the POR.\11\ Normally, upon completion of an administrative 
review, the suspended entries are liquidated at the antidumping duty 
assessment rate for the review period.\12\ Therefore, for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct CBP to liquidate at the 
calculated antidumping duty assessment rate for the review period.\13\ 
As noted above,

[[Page 4910]]

Commerce notified all interested parties of its intent to rescind the 
instant review regarding companies with an existing separate rate 
listed in Appendix I because there were no reviewable, suspended 
entries of subject merchandise from these companies during the POR and 
invited interested parties to comment.\14\ No interested party 
submitted comments to Commerce. Accordingly, in the absence of any 
suspended entries of subject merchandise from these companies during 
the POR, we are rescinding this administrative review for the companies 
listed in Appendix I in accordance with 19 CFR 351.213(d)(3).
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    \11\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length 
Plate from the Federal Republic of Germany: Recission of Antidumping 
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
    \12\ See 19 CFR 351.212(b)(1).
    \13\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to 
section 751(a) of the Act, the CIT held: ``While the statute does 
not explicitly require that an entry be suspended as a prerequisite 
for establishing entitlement to a review, it does explicitly state 
the determined rate will be used as the liquidation rate for the 
reviewed entries. This result can only obtain if the liquidation of 
entries has been suspended. . . . ;'' see also Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2018-2019, 86 FR 36102, and accompanying Issues and 
Decision Memorandum at Comment 4; and Solid Fertilizer Grade 
Ammonium Nitrate from the Russian Federation: Notice of Rescission 
of Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 
2012) (noting that ``for an administrative review to be conducted, 
there must be a reviewable, suspended entry to be liquidated at the 
newly calculated assessment rate'').
    \14\ See Intent to Rescind Memorandum.
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Preliminary Results of Review

    Commerce considers all other companies for which a review was 
requested (see Appendix II), and which did not demonstrate separate 
rate eligibility, to be part of the China-wide entity. Commerce no 
longer considers the China-wide entity as an exporter conditionally 
subject to administrative review.\15\ Accordingly, the China-wide 
entity will not be under review unless Commerce specifically receives a 
request for, or self-initiates, a review of the entity. In this 
administrative review, no party requested a review of the China-wide 
entity. Moreover, we have not self-initiated a review of the China-wide 
entity. Because no review of the China-wide entity is being conducted, 
the China-wide entity's entries are not subject to the review, and the 
weighted-average dumping margin for the China-wide entity rate (i.e., 
167.02 percent) is not subject to change.\16\
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    \15\ 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).
    \16\ See Order, 82 FR at 18423.
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Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\17\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\18\
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    \17\ See 19 CFR 351.309(d).
    \18\ See 19 351.309(c)(2) and (d)(2)
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\19\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\20\
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    \19\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \20\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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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, filed electronically via 
Enforcement and Compliance's Antidumping and CVD Centralized Electronic 
Service System (ACCESS). 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 those raised in the respective case briefs. An 
electronically filed hearing request must be received successfully in 
its entirety by Commerce's electronic records system, ACCESS, by 5:00 
p.m. Eastern Time within 30 days after the date of publication of this 
notice.

Final Results of Review

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case and rebuttal briefs, within 120 days 
of publication of these preliminary results in the Federal 
Register.\21\
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    \21\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment

    For the companies listed in Appendix I for which we are rescinding 
the review, Commerce will instruct CBP to assess antidumping duties on 
all appropriate entries. Antidumping duties shall be assessed at rates 
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). Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this rescission notice 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).
    For the companies listed in Appendix II, upon issuance of the final 
results of this review, Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review.\22\ We intend to instruct CBP to liquidate 
entries containing subject merchandise exported by the companies under 
review that we determine in the final results to be part of the China-
wide entity at the China-wide entity rate of 167.02 percent. 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).
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    \22\ See 19 CFR 351.212(b)(1).
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Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).


[[Page 4911]]


    Dated: January 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

1. Jiangsu Bluestar Green Technology Co., Ltd
2. Jiangsu Sanmei Chemicals Co., Ltd.
3. T.T. International Co., Ltd.
4. Weitron International Refrigeration Equipment (Kunshan) Co. Ltd. 
(aka Weichang Refrigeration Equipment (Kunshan) Co., Ltd.)
5. Zhejiang Sanmei Chemical Industry Co. Ltd.

Appendix II

1. Bestcool Inc., Ltd.
2. Electrochemical Factory of Zhejiang Juhua Co., Ltd.
3. Fujian Qingliu Dongying Chemical Ind. Co., Ltd.
4. Hongkong Richmax Ltd.
5. Huantai Dongyue International Trade Co. Ltd.
6. ICOOL Chemical Co., Ltd.
7. Jinhua Binglong Chemical Technology Co., Ltd.
8. Jinhua Yonghe Fluorochemical Co., Ltd.
9. Ningbo FTZ ICOOL Prime International
10. Puremann, Inc.
11. Shandong Dongyue Chemical Co., Ltd.
12. Shandong Huaan New Material Co., Ltd.
13. Sinochem Environmental Protection Chemicals (Taicang) 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 Fluor-Chemistry Co., Ltd.
18. Zhejiang Quhua Juxin Fluorochemical Industry Co., Ltd.
19. Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.
20. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.
21. Zhejiang Yonghe Refrigerant Co., Ltd.
22. Zhejiang Zhonglan Refrigeration Technology Co., Ltd.
23. Zibo Feiyuan Chemical Co., Ltd.

[FR Doc. 2024-01432 Filed 1-24-24; 8:45 am]
BILLING CODE 3510-DS-P