[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Notices]
[Pages 7854-7855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02167]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-044]


1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review; 
2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the sole company subject to this administrative review is part of 
the China-wide entity because it did not file a separate rate 
application (SRA). The period of review (POR) is April 1, 2019, through 
March 31, 2020. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable February 2, 2021.

FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2483.

SUPPLEMENTARY INFORMATION: 

Background

    On April 1, 2020, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China 
(China).\1\ In response, on April 30, 2020, the American HFC Coalition 
and its individual members \2\ (the petitioners) requested a review of 
one company, Puremann, Inc. (Puremann).\3\ Commerce initiated a review 
of this company on June 8, 2020.\4\ The deadline for interested parties 
to submit an SRA or separate rate certification (SRC) was July 8, 
2020.\5\ No party submitted an SRA or an SRC. On July 16, 2020, 
Commerce placed U.S. Customs and Border Protection (CBP) data on the 
record of this review demonstrating that there were no entries of 
subject merchandise during the POR.\6\ The petitioners submitted 
comments on the CBP data on August 6, 2020.\7\ On July 21, 2020, 
Commerce tolled all deadlines in administrative reviews by 60 days.\8\ 
The deadline for the preliminary results of this review is now March 1, 
2020.
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 18191 (April 1, 2020).
    \2\ American HFC Coalition's members include the following 
companies: Arkema Inc., the Chemours Company FC LLC, Honeywell 
International Inc., and Mexichem Fluor, Inc.
    \3\ See Petitioner's Letter, ``1,1,1,2-Tetrafluoroethane (R-
134a) from the People's Republic of China: Request for 
Administrative Review of Antidumping Duty Order,'' dated April 30, 
2020.
    \4\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 85 FR 35068 (June 8, 2020) (Initiation 
Notice).
    \5\ SRAs and SRCs were due thirty days from the publication of 
Commerce's Initiation Notice. In this administrative review, the 
deadline was July 8, 2020.
    \6\ See Memorandum, ``2019--2020 Administrative Review of the 
Antidumping Duty Order on 1,1,1,2-Tetrafluoroethane (R-134a) from 
the People's Republic of China,'' dated July 16, 2020.
    \7\ See Petitioners' Letter, ``Antidumping Duty Administrative 
Review of 1,1,1,2-Tetrafluoroethane (R-134a) from China: HFC 
Coalition's Comments on CBP Data and Request to Issue Quantity and 
Value Questionnaire,'' dated August 6, 2020.
    \8\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is 1,1,1,2-Tetrafluoroethane, 
R-134a, or its chemical equivalent, regardless of form, type, or purity 
level. The chemical formula for 1,1,1,2-Tetrafluoroethane is 
CF<INF>3</INF>-CH<INF>2</INF> F, and the Chemical Abstracts Service 
registry number is CAS 811-97-2.\9\
---------------------------------------------------------------------------

    \9\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade 
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 
134a (Honeywell); Freon\TM\ 134a, Suva 134a, Dymel 134a, and Dymel 
P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema). 
Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon 
134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159.
---------------------------------------------------------------------------

    Merchandise subject to the order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheading 
2903.39.2020. Although the HTSUS subheading and CAS registry number are 
provided for convenience and customs purposes, the written description 
of the scope is dispositive.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213.

Preliminary Results of Review

    Puremann, the sole company subject to this review, did not file an 
SRA. Thus, Commerce preliminarily determines that this company has not 
demonstrated its eligibility for separate rate status. As such, 
Commerce preliminarily determines that the company subject to this 
review is part of the China-wide entity. In addition, Commerce no 
longer considers the non-market economy (NME) entity as an exporter 
conditionally subject to an

[[Page 7855]]

antidumping duty administrative review.\10\ Accordingly, the NME entity 
will not be under review unless Commerce specifically receives a 
request for, or self-initiates, a review of the NME entity. In this 
administrative review, no party requested a review of the China-wide 
entity. Moreover, we have not self-initiated a review of the China-wide 
entity. Because no review of the China-wide entity is being conducted, 
the China-wide entity's entries are not subject to the review, and the 
rate applicable to the NME entity is not subject to change as a result 
of this review. The China-wide entity rate is 167.02 percent.\11\
---------------------------------------------------------------------------

    \10\ 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, 65970 (November 4, 
2013).
    \11\ See 1,1,1,2 Tetrafluoroethane (R-134a) from the People's 
Republic of China: Antidumping Duty Order, 82 FR 18422, 18423 (April 
19, 2017).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\12\ ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal briefs, limited to issues raised in 
the case briefs, must be filed within seven days after the time limit 
for filing case briefs.\13\ Parties who submit case or rebuttal briefs 
in this proceeding are requested to submit with each argument a 
statement of the issue, a brief summary of the argument, and a table of 
authorities.\14\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \15\ See Temporary Rule.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\16\ Requests should 
contain: (1) The party's name, address, the 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 and rebuttal briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the hearing to 
be held.\17\ Commerce intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 310(d).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by this review.\18\ 
We intend to instruct CBP to liquidate entries containing subject 
merchandise exported by the company under review that we determine in 
the final results to be part of the China-wide entity at the China-wide 
entity rate of 167.02 percent. 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).
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 companies that have a 
separate rate, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed Chinese or 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 (i.e., 
167.02 percent); 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.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 315.402(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

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: January 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-02167 Filed 2-1-21; 8:45 am]
BILLING CODE 3510-DS-P