[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39582-39584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10067]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends 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 no companies under review qualify for a separate rate 
and that these companies are, therefore, considered to be part of the 
People's Republic of China (China)-wide entity. Additionally, Commerce 
is partially rescinding this review with respect to: companies for 
which all review requests were timely withdrawn; and a company with no 
entries of subject merchandise during the period of review (POR), 
August 1, 2022, through July 31, 2023. Interested parties are invited 
to comment on these preliminary results.

DATES: Applicable May 9, 2024.

FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1413.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2023, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
hydrofluorocarbon (HFC) blends from China.\1\ Commerce received timely 
requests for an administrative review from the American HFC Coalition 
(the petitioner), and two Chinese companies. On October 18, 2023, 
Commerce published in the Federal Register a notice of initiation of an 
administrative review of the Order for the period August 1, 2022, 
through July 31, 2023, covering 19 companies, in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.221(c)(1)(i).\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2, 
2023); see also Hydrofluorocarbon Blends from the People's Republic 
of China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation 
Notice).
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    On December 4 and 8, 2023, the two Chinese companies that requested 
their own reviews, Zhejiang Sanmei Chemical Ind. Co., Ltd. (Zhejiang 
Sanmei) and ICool Chemical Co., Ltd. (ICool Chemical), filed timely 
withdrawals of their respective review requests.\3\ On January 16, 
2024, the petitioner filed a timely withdrawal of its review request 
for Zhejiang Sanmei.\4\ Therefore, because all review requests for 
Zhejiang Sanmei and ICool Chemical have been withdrawn, Commerce is 
rescinding the review for these the two companies, as discussed below.
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    \3\ See Zhejiang Sanmei's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated December 4, 2023; see also ICool 
Chemical's Letter, ``Withdrawal of Request for Administrative 
Review,'' dated December 8, 2023.
    \4\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated January 16, 2024.
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    Finally, on January 16, 2024, we issued a memorandum notifying 
interested parties of our intent to rescind the review of certain 
companies subject to the review because they had no suspended entries 
during the POR.\5\ We received no comments from interested parties on 
our intent to rescind.
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    \5\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated January 16, 2024 (Intent to Rescind Memorandum).
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Respondent Selection

    On October 25, 2023, Commerce released U.S. Customs and Border 
Protection (CBP) entry data in order to select respondents for 
individual examination.\6\ On November 1, 2023, we received comments 
regarding respondent selection from the petitioner.\7\ However, we did 
not select any mandatory respondents for individual examination because 
only Zhejiang Sanmei and ICool Chemical timely filed separate rate 
applications and were, therefore, eligible for individual examination. 
However, as noted above, we are rescinding this review for Zhejiang 
Sanmei and ICool Chemical. No other company under review timely filed a 
separate rate application and/or certification; therefore, no company 
remaining under review is eligible for individual examination.\8\ As 
such, there is no decision memorandum accompanying this notice.
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    \6\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated October 25, 2023.
    \7\ See Petitioner's Letter, ``Comments Regarding CBP Data and 
Respondent Selection,'' dated November 1, 2023.
    \8\ See Initiation Notice, 88 FR at 71830, where Commerce noted 
that ``{e{time} xporters and producers must file a timely Separate 
Rate Application or Certification if they want to be considered for 
individual examination.'' See also, e.g., Certain Cased Pencils from 
the People's Republic of China: Preliminary Results of Antidumping 
Duty Administrative Review; 2021-2022, 88 FR 60636 (September 5, 
2023), unchanged in Certain Cased Pencils From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2021-2022, 88 FR 78721 (November 16, 2023).
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Scope of the Order

    The products subject to the Order are HFC blends. HFC blends 
covered by the scope are R-404A, a zeotropic mixture consisting of 52 
percent 1,1,1-Trifluoroethane, 44 percent Pentafluoroethane, and 4 
percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20 
percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent 
1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent 
Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-
Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent 
Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an 
azeotropic mixture of 50 percent Pentafluoroethane and 50 percent 
1,1,1-Trifluoroethane also known as R-507. The foregoing percentages 
are nominal percentages by weight. Actual percentages of single 
component refrigerants by weight may vary by plus or minus two percent 
points from the nominal percentage identified above.\9\
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    \9\ R-404A is sold under various trade names, including 
Forane[supreg] 404A, Genetron[supreg] 404A, Solkane[supreg] 404A, 
Klea[supreg] 404A, and Suva[supreg]404A. R-407A is sold under 
various trade names, including Forane[supreg] 407A, Solkane[supreg] 
407A, Klea[supreg]407A, and Suva[supreg]407A. R-407C is sold under 
various trade names, including Forane[supreg] 407C, Genetron[supreg] 
407C, Solkane[supreg] 407C, Klea[supreg] 407C and Suva[supreg] 407C. 
R-410A is sold under various trade names, including EcoFluor R410, 
Forane[supreg] 410A, Genetron[supreg] R410A and AZ-20, 
Solkane[supreg] 410A, Klea[supreg] 410A, Suva[supreg] 410A, and 
Puron[supreg]. R-507A is sold under various trade names, including 
Forane[supreg] 507, Solkane[supreg] 507, Klea[supreg]507, 
Genetron[supreg]AZ-50, and Suva[supreg]507. R-32 is sold under 
various trade names, including Solkane[supreg]32, Forane[supreg]32, 
and Klea[supreg]32. R-125 is sold under various trade names, 
including Solkane[supreg]125, Klea[supreg]125, Genetron[supreg]125, 
and Forane[supreg]125. R-143a is sold under various trade names, 
including Solkane[supreg]143a, Genetron[supreg]143a, and 
Forane[supreg]125.
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    Any blend that includes an HFC component other than R-32, R-125, R-
143a, or R-134a is excluded from the scope of the Order.
    Excluded from the Order are blends of refrigerant chemicals that 
include products other than HFCs, such as

[[Page 39583]]

blends including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons 
(HCFCs), hydrocarbons (HCs), or hydrofluoroolefins (HFOs).
    Also excluded from the Order are patented HFC blends, including, 
but not limited to, ISCEON[supreg] blends, including MO99\TM\ (R-438A), 
MO79 (R-422A), MO59 (R-417A), MO49Plus\TM\ (R-437A) and MO29\TM\ (R-4 
22D), Genetron[supreg] PerformaxTM LT (R-407F), Choice[supreg] R-421A, 
and Choice[supreg] R-421B.
    HFC blends covered by the scope of the Order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings 3827.61.0000, 3827.63.0000, 3827.64.0000, 
3827.65.0000, 3827.68.0000, 3827.69.0000. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope is dispositive.\10\
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    \10\ See Order, 81 FR at 55436-37.
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Rescission of Administrative Review, In Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation of the requested review. Because interested 
parties withdrew all requests for administrative review of Zhejiang 
Sanmei and ICool Chemical within 90 days of the date of publication of 
the Initiation Notice, Commerce is rescinding this review with respect 
to these companies, in accordance with 19 CFR 351.213(d)(1).
    Moreover, Commerce notified all interested parties of its intent to 
rescind this administrative review for companies with an existing 
separate rate because there were no reviewable, suspended entries from 
these companies during the POR.\11\ No interested party submitted 
comments. Therefore, in the absence of any suspended entries of subject 
merchandise from Zhejiang Yonghe Refrigerant Co., Ltd. (Zhejiang 
Yonghe) during the POR, we are rescinding this administrative review 
for Zhejiang Yonghe in accordance with 19 CFR 351.213(d)(3). However, 
we are not rescinding this administrative review for Daikin 
Fluorochemicals (China) Co., Ltd., a company that was also listed in 
the Intent to Rescind Memorandum, because this company subsequently 
lost its eligibility for a separate rate.\12\
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    \11\ See Intent to Rescind Memorandum.
    \12\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2021-2022, 89 FR 16724, 16726 (March 8, 2024).
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China-Wide Entity

    In accordance with Commerce's policy, the China-wide entity will 
not be under review unless a party specifically requests, or Commerce 
self-initiates, a review of the entity.\13\ Because no party requested 
a review of the China-wide entity, the entity is not under review and 
the entity's rate of 216.37 percent is not subject to change.\14\
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    \13\ 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).
    \14\ See Order, 81 FR at 55438.
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Preliminary Results of Review

    Commerce finds that, because none of the remaining companies under 
review submitted a timely separate rate application or certification, 
none of these companies has established its eligibility for a separate 
rate. Therefore, we consider the companies listed in the appendix to be 
part of the China-wide entity for these preliminary results, and thus, 
subject to the China-wide entity rate.

Disclosure and Public Comment

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary results in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because Commerce preliminarily determined that 
each of the companies listed in the appendix is part of the China-wide 
entity, there are no calculations to disclose.
    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 deadline 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 351.309(c); see also 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 Service Final 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 briefs 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 public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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 Service Final Rule, 88 FR at 67069.
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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 will inform parties of the 
scheduled date for the hearing.\20\
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    \20\ See 19 CFR 351.310(d).
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review. For the companies for which Commerce is 
rescinding this administrative review, Commerce will instruct CBP to 
assess antidumping duties on all appropriate entries at a rate equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, during the 
period August

[[Page 39584]]

1, 2022, through July 31, 2023, in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue assessment instructions to 
CBP regarding these entries no earlier than 35 days after the date of 
publication of this notice in the Federal Register.
    If we continue to treat the companies identified in the appendix as 
part of the China-wide entity in 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 produced and/
or exported by those companies. 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). The final results of this review shall be the basis for 
the assessment of antidumping duties on entries of merchandise covered 
by the final results of this review and for future deposits of 
estimated duties, where applicable.

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 sections 751(a)(2)(C) of the Act: (1) for previously 
investigated or reviewed Chinese and non-Chinese exporters not 
discussed above that have separate rates, the cash deposit rate will 
continue to be equal to the exporter-specific weighted-average dumping 
margin published of the most recently-completed segment of this 
proceeding; (2) 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, 216.37 percent; and 
(3) 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 cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a preliminary 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1)(B) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: May 2, 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

Companies Under Review Determined 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. Hanzhou Icetop Refrigeration Co., Ltd.
5. Jiangsu Sanmei Chemicals Co., Ltd.
6. Oasis Chemical Co., Limited
7. Puremann, Inc.
8. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
9. Superfy Industrial Limited
10. Tianjin Synergy Gases Products, Co., Ltd
11. Weitron International Refrigeration Equipment (Kunshan) Co., 
Ltd.
12. Weitron International Refrigeration Equipment Co., Ltd.
13. Yangfar Industry Co., Ltd.
14. Zhejiang Lantian Environmental Protection Fluoro Material Co. 
Ltd.
15. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.
16. Zhejiang Zhonglan Refrigeration Technology Co., Ltd.

[FR Doc. 2024-10067 Filed 5-8-24; 8:45 am]
BILLING CODE 3510-DS-P