Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices 11467 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2 87 FR 1110 and 87 FR 1117 (January 10, 2022). 

3Commissioner David S. Johanson dissenting. 

4The Commission also finds that imports subject 

to Commerce’s affirmative critical circumstances 

determination are not likely to undermine seriously 

the remedial effect of the countervailing and 

antidumping duty orders on R–125 from China. 

5As revised by 86 FR 72619 (December 22, 2021). 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–662 and 731– 

TA–1554 (Final)] 

Pentafluoroethane (R–125) From China 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(‘‘Commission’’) determines, pursuant 

to the Tariff Act of 1930 (‘‘the Act’’), 

that an industry in the United States is 

materially injured by reason of imports 

of pentafluoroethane (‘‘R–125’’) from 

China, provided for in subheading 

2903.44.10 of the Harmonized Tariff 

Schedule of the United States, that have 

been found by the U.S. Department of 

Commerce (‘‘Commerce’’) to be sold in 

the United States at less than fair value 

(‘‘LTFV’’), and to be subsidized by the 

government of China.234

Background 

The Commission instituted these 

investigations effective January 12, 

2021, following receipt of petitions filed 

with the Commission and Commerce by 

Honeywell International, Inc., Charlotte, 

North Carolina. The final phase of the 

investigations was scheduled by the 

Commission following notification of 

preliminary determinations by 

Commerce that imports of R–125 from 

China were subsidized within the 

meaning of section 703(b) of the Act (19 

U.S.C. 1671b(b)) and sold at LTFV 

within the meaning of 733(b) of the Act 

(19 U.S.C. 1673b(b)). Notice of the 

scheduling of the final phase of the 

Commission’s investigations and of a 

public hearing to be held in connection 

therewith was given by posting copies 

of the notice in the Office of the 

Secretary, U.S. International Trade 

Commission, Washington, DC, and by 

publishing the notice in the Federal 

Register on September 7, 2021 (86 FR 

50171).5 The Commission conducted its 

hearing on December 14, 2021. All 

persons who requested the opportunity 

were permitted to participate. 

The Commission made these 

determinations pursuant to §§ 705(b) 

and 735(b) of the Act (19 U.S.C. 

1671d(b) and 19 U.S.C. 1673d(b)). It 

completed and filed its determinations 

in these investigations on February 23, 

2022. The views of the Commission are 

contained in USITC Publication 5281 

(February 2022), entitled 

Pentafluoroethane (R–125) from China: 

Investigation Nos. 701–TA–662 and 

731–TA–1554 (Final). 

By order of the Commission. 

Issued: February 24, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–04253 Filed 2–28–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1314 (Review)] 

Phosphor Copper From Korea; 

Institution of a Five-Year Review 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice that it has instituted a review 

pursuant to the Tariff Act of 1930 (‘‘the 

Act’’), as amended, to determine 

whether revocation of the antidumping 

duty order on phosphor copper from 

Korea would be likely to lead to 

continuation or recurrence of material 

injury. Pursuant to the Act, interested 

parties are requested to respond to this 

notice by submitting the information 

specified below to the Commission. 

DATES: Instituted March 1, 2022. To be 

assured of consideration, the deadline 

for responses is March 31, 2022. 

Comments on the adequacy of responses 

may be filed with the Commission by 

May 13, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Nitin Joshi (202–708–1669), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server (https://

www.usitc.gov). The public record for 

this proceeding may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION:

Background.—On April 24, 2017, the 

Department of Commerce (‘‘Commerce’’) 

issued an antidumping duty order on 

imports of phosphor copper from Korea 

(82 FR 18893). The Commission is 

conducting a review pursuant to section 

751(c) of the Act, as amended (19 U.S.C. 

1675(c)), to determine whether 

revocation of the order would be likely 

to lead to continuation or recurrence of 

material injury to the domestic industry 

within a reasonably foreseeable time. 

Provisions concerning the conduct of 

this proceeding may be found in the 

Commission’s Rules of Practice and 

Procedure at 19 CFR part 201, subparts 

A and B, and 19 CFR part 207, subparts 

A and F. The Commission will assess 

the adequacy of interested party 

responses to this notice of institution to 

determine whether to conduct a full 

review or an expedited review. The 

Commission’s determination in any 

expedited review will be based on the 

facts available, which may include 

information provided in response to this 

notice. 

Definitions.—The following 

definitions apply to this review: 

(1) Subject Merchandise is the class or 

kind of merchandise that is within the 

scope of the five-year review, as defined 

by Commerce. 

(2) The Subject Country in this review 

is Korea. 

(3) The Domestic Like Product is the 

domestically produced product or 

products which are like, or in the 

absence of like, most similar in 

characteristics and uses with, the 

Subject Merchandise. In its original 

determination, the Commission defined 

a single Domestic Like Product 

consisting of phosphor copper, 

coextensive with Commerce’s scope. 

(4) The Domestic Industry is the U.S. 

producers as a whole of the Domestic 

Like Product, or those producers whose 

collective output of the Domestic Like 

Product constitutes a major proportion 

of the total domestic production of the 

product. In its original determination, 

the Commission defined the Domestic 

Industry as consisting of all domestic 

producers of phosphor copper. 

(5) The Order Date is the date that the 

antidumping duty order under review 

became effective. In this review, the 

Order Date is April 24, 2017. 

(6) An Importer is any person or firm 

engaged, either directly or through a 

parent company or subsidiary, in 

importing the Subject Merchandise into 

the United States from a foreign 

manufacturer or through its selling 

agent. 

Participation in the proceeding and 

public service list.—Persons, including 

industrial users of the Subject 

Merchandise and, if the merchandise is 

sold at the retail level, representative 


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11468 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices 

consumer organizations, wishing to 

participate in the proceeding as parties 

must file an entry of appearance with 

the Secretary to the Commission, as 

provided in § 201.11(b)(4) of the 

Commission’s rules, no later than 21 

days after publication of this notice in 

the Federal Register. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the proceeding. 

Former Commission employees who 

are seeking to appear in Commission 

five-year reviews are advised that they 

may appear in a review even if they 

participated personally and 

substantially in the corresponding 

underlying original investigation or an 

earlier review of the same underlying 

investigation. The Commission’s 

designated agency ethics official has 

advised that a five-year review is not the 

same particular matter as the underlying 

original investigation, and a five-year 

review is not the same particular matter 

as an earlier review of the same 

underlying investigation for purposes of 

18 U.S.C. 207, the post-employment 

statute for Federal employees, and 

Commission rule 201.15(b) (19 CFR 

201.15(b)), 79 FR 3246 (Jan. 17, 2014), 

73 FR 24609 (May 5, 2008). 

Consequently, former employees are not 

required to seek Commission approval 

to appear in a review under Commission 

rule 19 CFR 201.15, even if the 

corresponding underlying original 

investigation or an earlier review of the 

same underlying investigation was 

pending when they were Commission 

employees. For further ethics advice on 

this matter, contact Charles Smith, 

Office of the General Counsel, at 202– 

205–3408. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and APO service list.—Pursuant to 

§ 207.7(a) of the Commission’s rules, the 

Secretary will make BPI submitted in 

this proceeding available to authorized 

applicants under the APO issued in the 

proceeding, provided that the 

application is made no later than 21 

days after publication of this notice in 

the Federal Register. Authorized 

applicants must represent interested 

parties, as defined in 19 U.S.C. 1677(9), 

who are parties to the proceeding. A 

separate service list will be maintained 

by the Secretary for those parties 

authorized to receive BPI under the 

APO. 

Certification.—Pursuant to § 207.3 of 

the Commission’s rules, any person 

submitting information to the 

Commission in connection with this 

proceeding must certify that the 

information is accurate and complete to 

the best of the submitter’s knowledge. In 

making the certification, the submitter 

will acknowledge that information 

submitted in response to this request for 

information and throughout this 

proceeding or other proceeding may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel, solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. 

Written submissions.—Pursuant to 

§ 207.61 of the Commission’s rules, each 

interested party response to this notice 

must provide the information specified 

below. The deadline for filing such 

responses is March 31, 2022. Pursuant 

to § 207.62(b) of the Commission’s rules, 

eligible parties (as specified in 

Commission rule 207.62(b)(1)) may also 

file comments concerning the adequacy 

of responses to the notice of institution 

and whether the Commission should 

conduct an expedited or full review. 

The deadline for filing such comments 

is May 13, 2022. All written 

submissions must conform with the 

provisions of § 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of §§ 201.6, 207.3, and 

207.7 of the Commission’s rules. The 

Commission’s Handbook on Filing 

Procedures, available on the 

Commission’s website at https://

www.usitc.gov/documents/handbook_

on_filing_procedures.pdf, elaborates 

upon the Commission’s procedures with 

respect to filings. Also, in accordance 

with §§ 201.16(c) and 207.3 of the 

Commission’s rules, each document 

filed by a party to the proceeding must 

be served on all other parties to the 

proceeding (as identified by either the 

public or APO service list as 

appropriate), and a certificate of service 

must accompany the document (if you 

are not a party to the proceeding you do 

not need to serve your response). 

Please note the Secretary’s Office will 

accept only electronic filings at this 

time. Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov). No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. 

No response to this request for 

information is required if a currently 

valid Office of Management and Budget 

(‘‘OMB’’) number is not displayed; the 

OMB number is 3117 0016/USITC No. 

22–5–519, expiration date June 30, 

2023. Public reporting burden for the 

request is estimated to average 15 hours 

per response. Please send comments 

regarding the accuracy of this burden 

estimate to the Office of Investigations, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436. 

Inability to provide requested 

information.—Pursuant to § 207.61(c) of 

the Commission’s rules, any interested 

party that cannot furnish the 

information requested by this notice in 

the requested form and manner shall 

notify the Commission at the earliest 

possible time, provide a full explanation 

of why it cannot provide the requested 

information, and indicate alternative 

forms in which it can provide 

equivalent information. If an interested 

party does not provide this notification 

(or the Commission finds the 

explanation provided in the notification 

inadequate) and fails to provide a 

complete response to this notice, the 

Commission may take an adverse 

inference against the party pursuant to 

§ 776(b) of the Act (19 U.S.C. 1677e(b)) 

in making its determination in the 

review. 

Information To be Provided in 

Response to This Notice of Institution: 

As used below, the term ‘‘firm’’ includes 

any related firms. 

(1) The name and address of your firm 

or entity (including World Wide Web 

address) and name, telephone number, 

fax number, and Email address of the 

certifying official. 

(2) A statement indicating whether 

your firm/entity is an interested party 

under 19 U.S.C. 1677(9) and if so, how, 

including whether your firm/entity is a 

U.S. producer of the Domestic Like 

Product, a U.S. union or worker group, 

a U.S. importer of the Subject 

Merchandise, a foreign producer or 

exporter of the Subject Merchandise, a 

U.S. or foreign trade or business 

association (a majority of whose 

members are interested parties under 

the statute), or another interested party 

(including an explanation). If you are a 

union/worker group or trade/business 

association, identify the firms in which 

your workers are employed or which are 

members of your association. 

(3) A statement indicating whether 

your firm/entity is willing to participate 

in this proceeding by providing 

information requested by the 

Commission. 


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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices 11469 

(4) A statement of the likely effects of 

the revocation of the antidumping duty 

order on the Domestic Industry in 

general and/or your firm/entity 

specifically. In your response, please 

discuss the various factors specified in 

§ 752(a) of the Act (19 U.S.C. 1675a(a)) 

including the likely volume of subject 

imports, likely price effects of subject 

imports, and likely impact of imports of 

Subject Merchandise on the Domestic 

Industry. 

(5) A list of all known and currently 

operating U.S. producers of the 

Domestic Like Product. Identify any 

known related parties and the nature of 

the relationship as defined in 

§ 771(4)(B) of the Act (19 U.S.C. 

1677(4)(B)). 

(6) A list of all known and currently 

operating U.S. importers of the Subject 

Merchandise and producers of the 

Subject Merchandise in the Subject 

Country that currently export or have 

exported Subject Merchandise to the 

United States or other countries since 

the Order Date. 

(7) A list of 3–5 leading purchasers in 

the U.S. market for the Domestic Like 

Product and the Subject Merchandise 

(including street address, World Wide 

Web address, and the name, telephone 

number, fax number, and Email address 

of a responsible official at each firm). 

(8) A list of known sources of 

information on national or regional 

prices for the Domestic Like Product or 

the Subject Merchandise in the U.S. or 

other markets. 

(9) If you are a U.S. producer of the 

Domestic Like Product, provide the 

following information on your firm’s 

operations on that product during 

calendar year 2021, except as noted 

(report quantity data in pounds and 

value data in U.S. dollars, f.o.b. plant). 

If you are a union/worker group or 

trade/business association, provide the 

information, on an aggregate basis, for 

the firms in which your workers are 

employed/which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total U.S. production of the Domestic 

Like Product accounted for by your 

firm’s(s’) production; 

(b) Capacity (quantity) of your firm to 

produce the Domestic Like Product (that 

is, the level of production that your 

establishment(s) could reasonably have 

expected to attain during the year, 

assuming normal operating conditions 

(using equipment and machinery in 

place and ready to operate), normal 

operating levels (hours per week/weeks 

per year), time for downtime, 

maintenance, repair, and cleanup, and a 

typical or representative product mix); 

(c) the quantity and value of U.S. 

commercial shipments of the Domestic 

Like Product produced in your U.S. 

plant(s); 

(d) the quantity and value of U.S. 

internal consumption/company 

transfers of the Domestic Like Product 

produced in your U.S. plant(s); and 

(e) the value of (i) net sales, (ii) cost 

of goods sold (COGS), (iii) gross profit, 

(iv) selling, general and administrative 

(SG&A) expenses, and (v) operating 

income of the Domestic Like Product 

produced in your U.S. plant(s) (include 

both U.S. and export commercial sales, 

internal consumption, and company 

transfers) for your most recently 

completed fiscal year (identify the date 

on which your fiscal year ends). 

(10) If you are a U.S. importer or a 

trade/business association of U.S. 

importers of the Subject Merchandise 

from the Subject Country, provide the 

following information on your firm’s(s’) 

operations on that product during 

calendar year 2021 (report quantity data 

in pounds and value data in U.S. 

dollars). If you are a trade/business 

association, provide the information, on 

an aggregate basis, for the firms which 

are members of your association. 

(a) The quantity and value (landed, 

duty-paid but not including 

antidumping duties) of U.S. imports 

and, if known, an estimate of the 

percentage of total U.S. imports of 

Subject Merchandise from the Subject 

Country accounted for by your firm’s(s’) 

imports; 

(b) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. commercial shipments of Subject 

Merchandise imported from the Subject 

Country; and 

(c) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. internal consumption/company 

transfers of Subject Merchandise 

imported from the Subject Country. 

(11) If you are a producer, an exporter, 

or a trade/business association of 

producers or exporters of the Subject 

Merchandise in the Subject Country, 

provide the following information on 

your firm’s(s’) operations on that 

product during calendar year 2021 

(report quantity data in pounds and 

value data in U.S. dollars, landed and 

duty-paid at the U.S. port but not 

including antidumping duties). If you 

are a trade/business association, provide 

the information, on an aggregate basis, 

for the firms which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total production of Subject Merchandise 

in the Subject Country accounted for by 

your firm’s(s’) production; 

(b) Capacity (quantity) of your firm(s) 

to produce the Subject Merchandise in 

the Subject Country (that is, the level of 

production that your establishment(s) 

could reasonably have expected to 

attain during the year, assuming normal 

operating conditions (using equipment 

and machinery in place and ready to 

operate), normal operating levels (hours 

per week/weeks per year), time for 

downtime, maintenance, repair, and 

cleanup, and a typical or representative 

product mix); and 

(c) the quantity and value of your 

firm’s(s’) exports to the United States of 

Subject Merchandise and, if known, an 

estimate of the percentage of total 

exports to the United States of Subject 

Merchandise from the Subject Country 

accounted for by your firm’s(s’) exports. 

(12) Identify significant changes, if 

any, in the supply and demand 

conditions or business cycle for the 

Domestic Like Product that have 

occurred in the United States or in the 

market for the Subject Merchandise in 

the Subject Country since the Order 

Date, and significant changes, if any, 

that are likely to occur within a 

reasonably foreseeable time. Supply 

conditions to consider include 

technology; production methods; 

development efforts; ability to increase 

production (including the shift of 

production facilities used for other 

products and the use, cost, or 

availability of major inputs into 

production); and factors related to the 

ability to shift supply among different 

national markets (including barriers to 

importation in foreign markets or 

changes in market demand abroad). 

Demand conditions to consider include 

end uses and applications; the existence 

and availability of substitute products; 

and the level of competition among the 

Domestic Like Product produced in the 

United States, Subject Merchandise 

produced in the Subject Country, and 

such merchandise from other countries. 

(13) (OPTIONAL) A statement of 

whether you agree with the above 

definitions of the Domestic Like Product 

and Domestic Industry; if you disagree 

with either or both of these definitions, 

please explain why and provide 

alternative definitions. 

Authority: This proceeding is being 

conducted under authority of Title VII 

of the Tariff Act of 1930; this notice is 

published pursuant to § 207.61 of the 

Commission’s rules. 

By order of the Commission. 

Issued: February 23, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–04208 Filed 2–28–22; 8:45 am] 

BILLING CODE 7020–02–P 


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