[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Notices]
[Pages 66033-66035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18106]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-137]


Pentafluoroethane (R-125) From the People's Republic of China: 
Final 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) determines that the 
mandatory respondents under review sold pentafluoroethane (R-125) to 
the United States from the People's Republic of China (China) at prices 
below normal value during the period of review (POR), August 17, 2021, 
through February 28, 2023.

DATES: Applicable August 14, 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 April 3, 2024, Commerce published in the Federal Register the 
preliminary results of the 2021-2023 administrative review \1\ of the 
antidumping duty order on R-125 from China and invited parties to 
comment.\2\ The review covers two mandatory respondents, Zhejiang 
Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei), and Zhejiang Yonghe 
Refrigerant Co., Ltd. (Zhejiang Yonghe). We received case briefs and 
rebuttal briefs from Zhejiang Yonghe, National Refrigerants, Inc., a 
U.S. importer of subject merchandise, and Honeywell International, Inc. 
(the petitioner).\3\
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    \1\ See Pentafluoroethane (R-125) from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2021-2023, 89 FR 22997 (April 3, 2024) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Pentafluoroethane (R-125) from the People's Republic of 
China: Antidumping and Countervailing Duty Orders, 87 FR 12081 
(March 3, 2022) (Order).
    \3\ See Petitioner's Letter, ``Case Brief,'' dated May 10, 2024; 
see also National Refrigerants, Inc.'s Letter, ``Case Brief of 
National Refrigerants, Inc.,'' dated May 10, 2024; Zhejiang Yonghe's 
Letter, ``Refiled Case Brief,'' dated May 23, 2024; Petitioner's 
Letter, ``Rebuttal Brief,'' dated May 28, 2024; National 
Refrigerants, Inc.'s Letter ``Rebuttal Brief of National 
Refrigerants, Inc.,'' dated May 28, 2024; and Zhejiang Yonghe's 
Letter, ``Rebuttal Case Brief,'' dated May 28, 2024.
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    On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\4\ The deadline for the final 
results is now August 8, 2024. For a complete description of the events 
that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\5\
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    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2021-2023 Administrative Review of the Antidumping Duty Order 
on Pentafluoroethane (R-125) 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 is R-125 from China. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in briefs filed by parties in this administrative 
review are addressed in the Issues and Decision Memorandum and are 
listed in the Appendix to this notice. The Issues and Decision 
Memorandum is a public

[[Page 66034]]

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 determines that the Sanmei Companies \6\ and the Yonghe 
Companies,\7\ the two companies individually examined in this review, 
are eligible to receive separate rates in this review.\8\
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    \6\ For these final results, Commerce continues to find that the 
following affiliated companies should be collapsed and treated as a 
single entity as it determined in the Preliminary Results: Zhejiang 
Sanmei; Jiangsu Sanmei Chemical Ind. Co., Ltd.; and Fujian Qingliu 
Dongying Chemical Ind. Co., Ltd. (collectively, Sanmei Companies). 
See Preliminary Results PDM at 5.
    \7\ For these final results, Commerce continues to find that the 
following affiliated companies should be collapsed and treated as a 
single entity as determined in the Preliminary Results: Zhejiang 
Yonghe; Jinhua Yonghe Flurine Chemical Co., Ltd.; Inner Mongolia 
Yonghe Fluorochemical Co., Ltd.; and Shaowu Yonge Jintag new 
material Co., Ltd. (collectively, the Yonghe Companies). 
Additionally for these final results, Commerce collapsed Inner 
Mongolia Huasheng Hydrohuone Alid Co., Ltd. and Jiangxi Shilei 
Fluorochemical Co., Ltd. with the Yonghe Companies. See Issues and 
Decision Memorandum at Comment 3 for details.
    \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., 267.51. percent) is not subject to change.\10\
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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.
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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 the Yonghe 
Companies.\11\ Additionally, Commerce collapsed two additional 
companies with the Yonghe Companies.\12\
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    \11\ See Issues and Decision Memorandum at Comment 2.
    \12\ Id. at Comment 3.
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Final Results of Review

    For the companies subject to this review that established their 
eligibility for a separate rate, Commerce determines that the following 
estimated 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 Industry Co., Ltd.; Fujian                24.62
 Qingliu Dongying Chemical Co., Ltd.; Jiangsu Sanmei
 Chemical Ind. Co., Ltd.................................
Zhejiang Yonghe Refrigerant Co., Ltd.; Jinhua Yonghe              267.66
 Fluorine Chemical Co., Ltd.; Inner Mongolia Yonghe
 Fluorochemical Co., Ltd.; Shaowu Yonghe Jintang new
 material Co., Ltd.; Inner Mongolia Huasheng Hydrohuone
 Alid Co., Ltd.; Jiangxi Shilei Fluorochemical Co., Ltd.
------------------------------------------------------------------------

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 the Sanmei Companies and the Yonghe Companies, Commerce will 
calculate importer-specific assessment rates for antidumping duties, in 
accordance with 19 CFR 351.212(b)(1).
    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.\13\
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    \13\ 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 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

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective 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 exporters 
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., 267.51 percent); and (4) for all non-
Chinese exporters of subject merchandise that have not received their 
own separate rate, the cash deposit

[[Page 66035]]

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 and/or countervailing 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 and/or countervailing 
duties has occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of countervailing 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: August 7, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix

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: Whether To Apply an Export Subsidy Adjustment
    Comment 2: Revision of Calculations
    Comment 3: Whether To Collapse Inner Mongolia Huasheng 
Hydrohuone Alid Co., Ltd. (Inner Mongolia Huasheng) and Jiangxi 
Shilei Fluorochemical Co., Ltd. (Jiangxi Shilei) With the Yonghe 
Companies
    Comment 4: Whether To Select the Republic of T[uuml]rkiye 
(T[uuml]rkiye) as the Surrogate Country (SC)
    Comment 5: Surrogate Value (SV) for Chloroform
    Comment 6: Self-produced Anhydrous Hydrogen Fluoride (AHF)
    Comment 7: By-product Offset
    Comment 8: Financial Ratio
VI. Recommendation

[FR Doc. 2024-18106 Filed 8-13-24; 8:45 am]
BILLING CODE 3510-DS-P