[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22997-22999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07069]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-137]


Pentafluoroethane (R-125) From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Pentafluoroethane (R-125) from the People's Republic of China 
(China) was sold in the United States at prices below normal value (NV) 
during the period of review (POR), August 17, 2021, through February 
28, 2023. Additionally, we are rescinding this administrative review in 
part with respect to two companies for which all review requests were 
withdrawn. We invite interested parties to comment on these preliminary 
results of review.

DATES: Applicable April 3, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Hart or Samantha Kinney, 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) 482-1058 or (202) 482-2285, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 3, 2022, Commerce published in the Federal Register the 
antidumping duty (AD) order on R-125 from China.\1\ On March 2, 2023, 
Commerce published in the Federal Register 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 May 9, 2023, based on timely requests for review from 
Huantai Dongyue International Trade Co., Ltd. (Huantai Dongyue), 
Shandong Dongyue Chemical Co., Ltd. (Shandong Dongyue), Zhejiang Sanmei 
Chemical Ind. Co., Ltd. (Zhejiang Sanmei), and Zhejiang Yonghe 
Refrigerant Co., Ltd. (Zhejiang Yonghe),\3\ Commerce initiated an 
administrative review of the Order covering four companies,\4\ 
including the two mandatory respondents, Zhejiang Yonghe and Zhejiang 
Sanmei. On November 21, 2023, Commerce extended the deadline for the 
preliminary results of this review until March 29, 2024.\5\
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    \1\ See Pentafluoroethane (R-125) from the People's Republic of 
China: Antidumping and Countervailing Duty Orders, 87 FR 12081 
(March 3, 2022) (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 13091 (March 2, 
2023).
    \3\ See Huantai Dongyue's Letter, ``Request for Administrative 
Review,'' dated March 31, 2023; Shandong Dongyue's Letter, ``Request 
for Administrative Review,'' dated March 31, 2023; Zhejiang Sanmei's 
Letter, ``Request for Administrative Review,'' dated March 31, 2023; 
and Zhejiang Yonghe's Letter, ``Request for Administrative Review,'' 
dated March 31, 2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 29887 (May 9, 2023) (Initiation 
Notice). The Initiation Notice listed five companies. However, 
Zhejiang Sanmei Chemical Ind. Co., Ltd. is the same company as 
Zhejiang Sanmei Chemical Industry Co., Ltd.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated November 
21, 2023.
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Scope of the Order

    The product covered by the Order is R-125 from China. For a full 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2023 Antidumping Duty Administrative Review of 
Pentafluoroethane (R-125) from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Rescission of Review, In Part

    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 
June 18 and July 18, 2023, Huantai Dongyue and Shandong Dongyue each 
timely withdrew its request for review of itself, respectively.\7\ 
Because no other parties requested a review of these two companies, 
Commerce is rescinding the administrative review in part, with respect 
to these companies. See the Preliminary Decision Memorandum for further 
discussion.
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    \7\ See Huantai Dongyue's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated June 18, 2023; see also Shandong 
Dongyue's Letter, ``Withdrawal of Request for Administrative Review 
and Request Suspension of Deadlines,'' dated July 18. 2023.
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Separate Rates

    Commerce preliminarily determines that the Sanmei Companies \8\ and 
the Yonghe Companies,\9\ the two companies individually examined in 
this review, are eligible to receive separate rates in this review.\10\
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    \8\ We preliminarily find that the following affiliated 
companies should be collapsed and treated as a single entity: 
Zhejiang Sanmei; Jiangsu Sanmei Chemical Ind. Co., Ltd.; and Fujian 
Qingliu Dongying Chemical Ind. Co., Ltd. (collectively, Sanmei 
Companies). For further discussion, see Memorandum, ``Affiliation 
and Single Entity Determination for Zhejiang Sanmei Chemical Ind. 
Co., Ltd.,'' dated concurrently with this notice.
    \9\ We preliminarily find that the following affiliated 
companies should be collapsed and treated as a single entity: 
Zhejiang Yonghe; Jinhua Yonghe Flurine Chemical Co., Ltd.; Inner 
Mongolia Yonghe Fluorochemical Co., Ltd.; and Shaowu Yonge Jintag 
new material Co., Ltd. (collectively, Yonghe Companies). For further 
discussion, see Memorandum, ``Affiliation and Single Entity 
Determination for Zhejiang Yonghe Refrigerant Co., Ltd.,'' dated 
concurrently with this notice.
    \10\ See Preliminary Decision Memorandum at ``Separate Rate 
Recipients'' section.
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China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\11\ 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., 267.51 percent) is not subject to change.\12\
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    \11\ 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).
    \12\ See Order.
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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 a non-market economy country 
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 our 
preliminary results, see the Preliminary Decision Memorandum.\13\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix 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

[[Page 22998]]

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.
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    \13\ See Preliminary Decision Memorandum at ``Discussion of the 
Methodology'' section.
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 17, 2021, through 
February 28, 2023:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
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Zhejiang Sanmei Chemical Ind. Co., Ltd.; Fujian                    24.62
 Qingliu Dongying Chemical Co., Ltd.; Jiangsu Sanmei
 Chemical Ind. Co., Ltd..............................
Zhejiang Yonghe Refrigerant Co., Ltd.; Jinhua Yonghe              281.30
 Fluorine Chemical Co., Ltd.; Inner Mongolia Yonghe
 Fluorochemical Co., Ltd.; Shaowu Yonghe Jintang new
 material Co., Ltd...................................
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days after public 
announcement, or if there is no public announcement, within five days 
of the date of publication of this notice in the Federal Register.\14\
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    \14\ See 19 CFR 351.224(b).
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    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.\15\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the date for 
filing case briefs.\16\ 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.\17\
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    \15\ See 19 CFR 351.303 (for general filing requirements).
    \16\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Final Service Rule).
    \17\ See 19 CFR 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.\18\ 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).\19\
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    \18\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \19\ See APO and Final Service Rule.
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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 
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. If a 
request for a hearing is made, Commerce intends to hold a hearing at a 
time and date to be determined.\20\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
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    \20\ See 19 CFR 351.310(d).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\21\ An electronically-
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\22\
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    \21\ See 19 CFR 351.303.
    \22\ See APO and Final Service Rule.
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Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review. 
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.\23\
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    \23\ See 19 CFR 351.212(b)(1).
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    If the individually examined respondents' weighted-average dumping 
margins are above de minimis (i.e., 0.50 percent) in the final results 
of this review, we will calculate importer-specific assessment rates 
for each respondent 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).\24\ Where a respondent did not report 
entered value, we will calculate importer-specific per-unit duty 
assessment rates based on the ratio of the total amount of antidumping 
duties calculated for the examined sales to the total quantity of those 
sales. To determine whether an importer-specific, per-unit assessment 
rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also 
will calculate an importer-specific ad valorem ratio based on estimated 
entered values.
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    \24\ 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).
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    If, in the final results, a mandatory respondent's weighted-average 
dumping margin is zero or de minimis (i.e., 0.50 percent), Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\25\ For entries that were not reported in the U.S. 
sales database submitted by each mandatory respondent individually 
examined during this review, Commerce will instruct CBP to liquidate 
such entries at the China-wide rate.\26\
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    \25\ See 19 CFR 351.106(c)(2).
    \26\ 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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[[Page 22999]]

    For the companies for which we have rescinded this review in part, 
Commerce intends to instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit rate 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 for the rescinded companies no earlier than 35 days after the date 
of publication of the preliminary results in the Federal Register.
    Commerce intends to issue assessment instructions, other than the 
assessment instructions for the rescinded companies, 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 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) for the subject 
merchandise exported by the companies listed above that have 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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing 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: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Single Entity Determinations
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-07069 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P