[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70643-70644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22451]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-121]


Difluoromethane From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Partial 
Rescission; 2020-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
sole mandatory respondent under review, Taizhou Qingsong Refrigerant 
New Material Co., Ltd./Taixing Meilan New Materials Co., Ltd. 
(collectively, Qingsong), made sales of subject merchandise at prices 
below normal value during the period of review (POR) August 27, 2020, 
through February 28, 2022. Additionally, we are rescinding this review 
with respect to Zhejiang Sanmei Chemical Ind. Co., Ltd. (Zhejiang 
Sanmei).

DATES: Applicable October 12, 2023.

FOR FURTHER INFORMATION CONTACT: Paul Gill, 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) 482-5673.

SUPPLEMENTARY INFORMATION: 

Background

    On April 6, 2023, Commerce published the Preliminary Results.\1\ On 
June 30, 2023, we extended the deadline for these final results to 
October 3, 2023.\2\ For a complete description of the events that 
occurred subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\3\ Commerce conducted this review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Difluoromethane from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission, and Preliminary Intent to Rescind, in Part, of 
Antidumping Duty Administrative Review; 2020-2022, 88 FR 20473 
(April 6, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results,'' 
dated June 30, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Difluoromethane from the People's Republic of China; 2020-2022,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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    \4\ See Difluoromethane (R-32) from the People's Republic of 
China: Antidumping Duty Order, 86 FR 13886 (March 11, 2021) (Order).
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    The merchandise covered by the Order is difluoromethane (R-32), or 
its chemical equivalent, regardless of form, type, or purity level.\5\ 
R-32 is classified under Harmonized Tariff Schedule of the United 
States (HTSUS) subheading 2903.39.2035. Other merchandise subject to 
the scope may be classified under 2903.39.2045 and 3824.78.0020. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the subject merchandise is dispositive.
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    \5\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.
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Analysis of Comments Received

    We addressed all the issues raised in the case and rebuttal briefs 
in the Issues and Decision Memorandum. A list of the issues that 
parties raised is provided in the appendix to this notice. The Issues 
and Decision 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the margin calculations for Qingsong.\6\
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    \6\ For a full description of these changes, see Issues and 
Decision Memorandum.
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Partial Rescission

    In the Preliminary Results, we notified parties of our intent to 
rescind this administrative review for Zhejiang Sanmei because it did 
not have any reviewable entries during the POR.\7\ Because we continue 
to find that the record does not contain any evidence of reviewable 
entries for Zhejiang Sanmei, we are rescinding this review with respect 
to Zhejiang Sanmei in accordance with 19 CFR 351.213(d)(3).
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    \7\ See Preliminary Results, 88 FR 20487.
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Final Results of Review

    As a result of this review, we are assigning the following dumping 
margin to the respondent for the period August 27, 2020, through 
February 28, 2022:

------------------------------------------------------------------------
                                                          Dumping margin
                        Exporter                            (percent)
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Taizhou Qingsong Refrigerant New Material Co., Ltd.;             145.23
 Taixing Meilan New Materials Co., Ltd.................
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results to interested parties within five 
days of the date of publication of this notice, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce determined, 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. 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these final results. 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

[[Page 70644]]

statutory injunction has expired (i.e., within 90 days of publication).
    Pursuant to Commerce's assessment practice,\8\ for entries that 
were not reported in the U.S. sales data submitted by Qingsong, we will 
instruct CBP to liquidate such entries at the China-wide rate. For 
Zhejiang Sanmei, the respondent for which we are rescinding the 
administrative review, antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, 
during the POR, in accordance with 19 CFR 351.212(c)(1)(i).
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on, or after, the publication date of the final results 
of review, as provided for by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for Qingsong will be equal to the dumping margin 
established in the final results of this review; (2) for a previously 
investigated or reviewed exporter of subject merchandise not listed in 
the final results of review that has a separate rate, the cash deposit 
rate will continue to be the exporter's existing cash deposit rate; (3) 
for all Chinese exporters of subject merchandise that do not have a 
separate rate, the cash deposit rate will be the cash deposit rate 
established for the China-wide entity, 221.06 percent; \9\ and (4) for 
all exporters of subject merchandise that are not located in China and 
that are not eligible for a separate rate, the cash deposit rate will 
be the rate applicable to the China exporter(s) that supplied that non-
Chinese exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Order, 86 FR at 13886.
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Notification to Importers

    This notice also 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 POR. 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 Regarding Administrative Protective Order

    This notice also serves as the final reminder to parties subject to 
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). 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 terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act, and 19 CFR 351.221(b)(5).

    Dated: October 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
    Comment 1: Selection of Surrogate Country and Surrogate Values
    Comment 2: Whether To Apply Partial Adverse Facts Available 
(AFA) to Qingsong's Energy Factors of Production (FOPs)
    Comment 3: Whether To Grant a By-Product Offset to Qingsong
    Comment 4: Whether to Account for Qingsong's Bank Charges
    Comment 5: Whether Zhejiang Sanmei Chemical Industries Co., Ltd. 
(Zhejiang Sanmei) is Part of the China-Wide Entity
V. Recommendation

[FR Doc. 2023-22451 Filed 10-11-23; 8:45 am]
BILLING CODE 3510-DS-P