[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11044-11045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04122]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on hydrofluorocarbon 
(HFC) blends from the People's Republic of China (China) would likely 
lead to continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the AD order.

DATES: Applicable February 28, 2022.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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) 482-2185.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 2016, Commerce published the AD order on HFC blends 
from China.\1\ On July 1, 2021, the ITC instituted,\2\ and Commerce 
initiated, the fifth sunset review of the Order, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\3\ As a result 
of its review, Commerce determined that revocation of the Order

[[Page 11045]]

would likely lead to continuation or recurrence of dumping and, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the Order be revoked.\4\
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    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
    \2\ See Hydrofluorocarbon Blends from China; Institution of a 
Five-Year Review, 86 FR 35131 (July 1, 2021).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 35070 
(July 1, 2021).
    \4\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order, 86 FR 61120 (November 5, 2021), and 
accompanying Issues and Decision Memorandum.
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    On February 11, 2022, the ITC published its determination, pursuant 
to section 751(c) of the Act, that revocation of the Order would likely 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\5\
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    \5\ See Hydrofluorocarbon Blends from China, 87 FR 8037 
(February 11, 2022).
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Scope of the Order

    The products subject to this 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.\6\
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    \6\ 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 this Order.
    Excluded from this Order are blends of refrigerant chemicals that 
include products other than HFCs, such as 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] Performax\TM\ LT (R-407F), Choice[supreg] R-
421A, and Choice[supreg] R-421B.
    HFC blends covered by the scope of this Order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope is dispositive.\7\
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    \7\ See Order. Certain merchandise has been the subject of 
affirmative anti-circumvention determinations by Commerce, pursuant 
to section 781 of the Tariff Act of 1930, as amended (the Act). As a 
result, the circumventing merchandise is included in the scope of 
the Order. See Hydrofluorocarbon Blends from the People's Republic 
of China: Final Negative Scope Ruling on Gujarat Fluorochemicals 
Ltd.'s R-410A Blend; Affirmative Final Determination of 
Circumvention of the Antidumping Duty Order by Indian Blends 
Containing Chinese Components, 85 FR 61930 (October 1, 2020); 
Hydrofluorocarbon Blends from the People's Republic of China: Final 
Scope Ruling on Unpatented R-421A; Affirmative Final Determination 
of Circumvention of the Antidumping Duty Order for Unpatented R-
421A, 85 FR 34416 (June 4, 2020); and Hydrofluorocarbon Blends from 
the People's Republic of China: Affirmative Final Determination of 
Circumvention of the Antidumping Duty Order; Unfinished R-32/R-125 
Blends, 85 FR 15428 (March 18, 2020).
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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or a 
recurrence of dumping, as well as material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, Commerce 
hereby orders the continuation of the Order.
    U.S. Customs and Border Protection will continue to collect AD cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year review of the Order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.

Administrative Protective Order

    This notice serves as the only 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely 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 the APO is a sanctionable 
violation.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published in accordance with section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: February 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-04122 Filed 2-25-22; 8:45 am]
BILLING CODE 3510-DS-P