[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Notices]
[Pages 16724-16726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04977]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Final 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) determines that the 
sole mandatory respondent, Zhejiang Sanmei Chemical Industry Co., Ltd. 
(Sanmei) sold 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.

DATES: Applicable March 8, 2024.

FOR FURTHER INFORMATION CONTACT: Jerry Xiao, 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) 482-2273.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2023, Commerce published in the Federal Register 
the Preliminary Results \1\ of the 2021-2022 administrative review of 
the antidumping duty order on HFC blends from China \2\ and invited 
interested parties to comment.\3\ Subsequent to the Preliminary 
Results, we received case briefs and rebuttal briefs from Sanmei and 
the American HFC Coalition (the petitioner).\4\ On December 6, 2023, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), Commerce extended the deadline for issuing these 
final results until March 1, 2024.\5\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\6\
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    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2021-2022, 88 FR 60926 (September 6, 2023) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
    \3\ See Preliminary Results, 88 FR at 60926.
    \4\ See Petitioner's Letter, ``Case Brief of the HFC 
Coalition,'' dated October 20, 2023; and Sanmei's Letter, ``Zhejiang 
Sanmei's Case Brief,'' dated October 20, 2023; see also Petitioner's 
Letter, ``Rebuttal Brief on behalf of the American HFC Coalition,'' 
dated November 1, 2023; and Sanmei's Letter ``Zhejiang Sanmei's 
Rebuttal Brief,'' dated November 1, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated December 6, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2021-2022 Administrative Review of the Antidumping Duty Order 
on Hydrofluorocarbon Blends from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order

    The products subject to the Order are HFC blends from China. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.\7\
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    \7\ Id.
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Analysis of Comments Received

    All issues raised in briefs filed by parties in this administrative 
review are

[[Page 16725]]

addressed in the Issues and Decision Memorandum and are listed in 
Appendix I to this notice. The Issues and Decision Memorandum is a 
public document and 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.

Separate Rate

    Commerce preliminarily determines that one respondent, Sanmei, the 
only company individually examined in this review, is eligible to 
receive a separate rate in this review.\8\
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    \8\ See Preliminary Results at ``Separate Rates'' section.
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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\
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    \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, 87 FR at 61285, (stating 
``{a{time} ll 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.''); 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.
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Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain changes to the margin calculations for Sanmei.\12\
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    \12\ See Issues and Decision Memorandum.
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Final Results of Review

    For the company subject to this review that established its 
eligibility for a separate rate, Commerce determines that the following 
estimated weighted-average dumping margin exists for the period August 
31, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Zhejiang Sanmei Chemical Industry Co., Ltd.................      101.14
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    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 of subject merchandise in accordance with the final results of 
this review.
    For Sanmei, Commerce will calculate importer-specific assessment 
rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1). 
Where the respondent reported reliable entered values, Commerce intends 
to calculate importer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer and dividing this amount by the total entered value of the 
merchandise sold to the importer. Where the respondent did not report 
entered values, Commerce will calculate importer-specific assessment 
rates by dividing the amount of dumping for reviewed sales to the 
importer by the total quantity of those sales. Commerce will calculate 
an estimated ad valorem importer-specific assessment rate to determine 
whether the per-unit assessment rate is de minimis; however, Commerce 
will use the per-unit assessment rate where entered values were not 
reported. Where an importer-specific ad valorem assessment rate is not 
zero or de minimis, Commerce will instruct CBP to collect the 
appropriate duties at the time of liquidation. Where either the 
respondent's weighted average dumping margin is zero or de minimis, or 
an importer-specific ad valorem assessment rate is zero or de minimis, 
Commerce will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\13\
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    \13\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales database 
submitted by the exporter individually examined during this review, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate.\14\
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    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    Commerce determined that the companies listed in Appendix II did 
not qualify for a separate rate. Therefore, we will instruct CBP to 
assess antidumping duties on entries of subject merchandise from these 
entities at 216.37 percent, the established weighted-average dumping 
margin for the China-wide entity.
    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 upon 
publication of the final results of this administrative 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 section 751(a)(2)(C) of the Act: (1) for the exporter 
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review; 
(2) for previously investigated or reviewed Chinese and non-Chinese 
exporters not listed above that currently have a separate rate, the 
cash deposit rate will continue to be the exporter-specific rate 
published for the most recently completed segment of this proceeding 
where the exporter received that separate 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., 216.37 percent); and (4) for all non-
Chinese exporters of subject merchandise that have not received their 
own separate rate, the cash deposit

[[Page 16726]]

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 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 terms 
of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review 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)(2).

    Dated: March 1, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Selection of Surrogate Country
    Comment 2: Selection of Surrogate Financial Statements
    Comment 3: Trichloroethylene (TCE) Surrogate Value
    Comment 4: Certain Errors in Preliminary Margin Calculation
    Comment 5: By-Product Offsets
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. 2024-04977 Filed 3-7-24; 8:45 am]
BILLING CODE 3510-DS-P