[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Notices]
[Pages 25566-25567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07680]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Amended 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) is amending the 
final results of the administrative review of the antidumping duty 
order on hydrofluorocarbon blends (HFC blends) from the People's 
Republic of China (China) to correct ministerial errors. Based on the 
amended final results, we find that the sole mandatory respondent, 
Zhejiang Sanmei Chemical Industry Co., Ltd. (Sanmei) sold HFC blends in 
the United States at less than normal value (NV) during the period of 
review (POR) August 1, 2021, through July 31, 2022.

DATES: Applicable April 11, 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 March 8, 2024, Commerce published in the Federal Register the 
final results of the 2021-2022 administrative review of the AD order on 
HFC blends from China.\1\ On March 6, 2024, Commerce disclosed its 
calculations and provided interested parties with the opportunity to 
submit ministerial error comments.\2\ On March 8 and 11, 2024, Sanmei, 
the sole mandatory respondent in this administrative review and the 
American HFC Coalition (the petitioner), respectively, timely submitted 
allegations of ministerial errors in the Final Results.\3\ On March 13, 
2024, the petitioner submitted rebuttal comments regarding Sanmei's 
ministerial error allegation.\4\ Commerce is amending the Final Results 
to correct these ministerial errors.
---------------------------------------------------------------------------

    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2021-2022, 89 FR 16726 (March 8, 2024) (Final Results), and 
accompanying Issues and Decision Memorandum.
    \2\ See Memorandum, ``Deadline to Submit Ministerial Error 
Allegations,'' dated March 6, 2024.
    \3\ See Sanmei's Letter, ``Zhejiang Sanmei's Ministerial Error 
Comments,'' dated March 8, 2024; see also Petitioner's Letter, ``HFC 
Coalition's Ministerial Error Allegation,'' dated March 11, 2024.
    \4\ See Petitioner's Letter, ``HFC Coalition's Rebuttal to 
Sanmei's Ministerial Error Allegation,'' dated March 13, 2024.
---------------------------------------------------------------------------

Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \5\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any ministerial error by 
amending . . . the final results of review.''
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------

Ministerial Error

    Commerce determined that it made inadvertent errors within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect 
to certain calculations regarding the following: (1) a surrogate 
freight cost for a utility input; (2) the resulting total value of that 
input; and (3) the value of perchloroethylene, an input used to make 
HFC blends. Accordingly, we determine, in accordance with section 
751(h) of the Act and 19 CFR 351.224(f), that we made ministerial 
errors in the Final Results. Pursuant to 19 CFR 351.224(e), we are 
amending the Final Results to correct these errors. These corrections 
result in a change to Sanmei's weighted-average dumping margin. For a 
complete description and analysis of the specific inadvertent errors 
and a discussion of the ministerial error allegations, see the 
accompanying Ministerial Error Allegation Memorandum.\6\ The 
Ministerial Error Allegation

[[Page 25567]]

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.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Hydrofluorocarbon Blends from the People's Republic of 
China; 2021-2022: Ministerial Error Allegation in the Final 
Results,'' dated concurrently with this notice (Ministerial Error 
Allegation Memorandum).
---------------------------------------------------------------------------

Amended Final Results of Review

    As a result of correcting these ministerial errors, Commerce 
determines that the following estimated weighted-average dumping margin 
exists for the period August 1, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Zhejiang Sanmei Chemical Industry Co., Ltd.................       96.94
------------------------------------------------------------------------

Disclosure

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

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the amended final 
results of this review.
    For Sanmei, Commerce calculated importer-specific assessment rates 
for antidumping duties, in accordance with 19 CFR 351.212(b)(1). Where 
the respondent reported reliable entered values, Commerce calculated 
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, we 
calculated 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.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales database 
submitted by Sanmei, Commerce will instruct CBP to liquidate such 
entries at the China-wide rate.\8\
---------------------------------------------------------------------------

    \8\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the amended 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 amended cash deposit requirements will be effective 
retroactively upon publication of the amended 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 by section 751(a)(2)(C) of the Act: 
(1) for the exporter listed above, Sanmei, the amended cash deposit 
rate will be equal to the weighted-average dumping margin established 
in the amended 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 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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/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 violation 
subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i) of the Act, and 19 CFR 351.224(e).

    Dated: April 4, 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.
[FR Doc. 2024-07680 Filed 4-10-24; 8:45 am]
BILLING CODE 3510-DS-P