62594 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices 

1See Countervailing Duty Investigation of 1,1,1,2 

Tetrafluoroethane from the People’s Republic of 

China: Preliminary Determination and Alignment of 

Final Determination with Final Antidumping 

Determination, 79 FR 21895 (April 18, 2014) 

(‘‘Preliminary Determination’’). 

2See id.; see also Countervailing Duty 

Investigation of 1,1,1,2 Tetrafluoroethane from the 

People’s Republic of China: Amended Preliminary 

Determination, 79 FR 31088 (May 30, 2014) 

(‘‘Amended Preliminary Determination’’). 

3See Memorandum, from James C. Doyle, 

Director, Office V, to Paul Piquado, Assistant 

Secretary for Enforcement and Compliance, Re: 

Post-Preliminary Analysis of Countervailing Duty 

Investigation: 1,1,1,2 Tetrafluoroethane from the 

PRC, dated July 25, 2014 (‘‘Post-Prelim 

Determination’’). 

4See Memorandum from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, ‘‘Countervailing Duty Investigation of 

1,1,1,2 Tetrafluoroethane from the People’s 

Republic of China: Issues and Decision 

Memorandum for the Final Determination,’’ dated 

concurrently with this notice (‘‘I&D Memo’’). 5See sections 776(a) and (b) of the Act. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–999] 

Countervailing Duty Investigation of 

1,1,1,2 Tetrafluoroethane From the 

People’s Republic of China: Final 

Affirmative Countervailing Duty 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) published the 

Preliminary Determination of the 

countervailing duty (‘‘CVD’’) 

investigation of 1,1,1,2 tetrafluoroethane 

(‘‘tetrafluoroethane’’) from the People’s 

Republic of China (‘‘PRC’’) on April 18, 

2014.1 The Department determines that 

countervailable subsidies are being 

provided to producers and exporters of 

tetrafluoroethane from the PRC. For 

information on the estimated subsidy 

rates, see the ‘‘Suspension of 

Liquidation’’ section of this notice. The 

period of investigation is January 1, 

2012–December 31, 2012. 

DATES: Effective Date: October 20, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Katie Marksberry or Josh Startup, AD/

CVD Operations, Office V, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

Phone: 202–482–7906, or 202–482– 

5260, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published the 

Preliminary Determination on April 18, 

2014, additionally, the Department 

published the Amended Preliminary 

Determination on May 30, 2014.2 On 

July 25, 2014, the Department released 

a post-preliminary determination.3

Between July 29 and August 12, 2014, 

we conducted a verification of the 

questionnaire responses of the Zhejiang 

Quhua Fluor-Chemistry Co., Ltd., and 

its cross-owned affiliates’ (collectively 

‘‘Juhua Group’’), Sinochem 

Environmental Protection Chemicals 

(Taicang) Co., Ltd., and its cross-owned 

affiliates’ (collectively ‘‘Sinochem’’), 

Jiangsu Bluestar Green Technology Co., 

Ltd (‘‘Bluestar’’), and T.T. International 

Co., Ltd. (‘‘T.T. International’’). Between 

September 2, 2014 and September 8, 

2014, interested parties submitted case 

and rebuttal briefs. A full discussion of 

the issues raised by parties for this final 

determination may be found in the I&D 

Memo.4 The I&D Memo is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(‘‘IA ACCESS’’). IA ACCESS is available 

to registered users at http://

iaaccess.trade.gov, and is available to all 

parties in the Central Records Unit, 

room 7046 of the main Department of 

Commerce building. In addition, a 

complete version of the I&D Memo can 

be accessed directly at http://

enforcement.trade.gov/frn/. The signed 

I&D Memo and the electronic version 

are identical in content. 

Scope of the Investigation 

The product subject to this 

investigation 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 

CF3–CH2F, and the Chemical Abstracts 

Service (‘‘CAS’’) registry number is CAS 

811–97–2. 

1,1,1,2-Tetrafluoroethane is sold 

under a number of trade names 

including Klea 134a and Zephex 134a 

(Mexichem Fluor); Genetron 134a 

(Honeywell); Suva 134a, Dymel 134a, 

and Dymel P134a (DuPont); 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 covered by the scope of 

this investigation 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. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation are discussed in the 

I&D Memo. A list of the issues that 

parties raised, and to which we 

responded in the I&D Memo, is attached 

to this notice as an Appendix. 

Use of Adverse Facts Available 

The Department notes that, in making 

these findings, we relied, in part, on 

facts available and, because one or more 

respondents did not act to the best of 

their ability to respond to the 

Department’s requests for information, 

we drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.5 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the I&D Memo. 

Suspension of Liquidation 

In accordance with section 

705(c)(1)(B)(i) of the Act, we calculated 

a rate for each company respondent. 

Section 705(c)(5)(A)(i) of the Act states 

that, for companies not individually 

investigated, we will determine an ‘‘all 

others’’ rate equal to the weightedaverage countervailable subsidy rates 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis countervailable 

subsidy rates, and any rates determined 

entirely under section 776 of the Act. 

In accordance with sections 703(d) 

and 705(c)(5)(A) of the Act, for 

companies not investigated, we apply 

an ‘‘all-others’’ rate, which is normally 

calculated by weighting the subsidy 

rates of the individual companies 

selected as respondents by those 

companies’ exports of the subject 

merchandise to the United States. Under 

section 705(c)(5)(A)(i) of the Act, the allothers rate should exclude zero and de 

minimis rates calculated for the 

exporters and producers individually 

investigated. Where the rates for the 

investigated companies are all zero or 

de minimis, section 705(c)(5)(A)(ii) of 

the Act instructs the Department to 

establish an all-others rate using ‘‘any 

reasonable method.’’ Notwithstanding 

the language of section 705(c)(5)(A)(i) of 

the Act, we have not calculated the ‘‘allothers’’ rate by weight averaging the 

rates of the two individually 

investigated respondents, because doing 

so risks disclosure of proprietary 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices 62595 

6See, e.g., Countervailing Duty Investigation of 

Chlorinated Isocyanurates from the People’s 

Republic of China: Preliminary Determination and 

Alignment of Final Determination With Final 

Antidumping Determination, 79 FR 10097 

(February 24, 2014). We did not include Bluestar in 

the ‘‘all-others’’ rate because it was not a mandatory 

respondent. 

1See Notice of Amended Final Determination of 

Sales at Less Than Fair Value: Certain Polyester 

Staple Fiber From the Republic of Korea and 

Continued 

information. Therefore, and consistent 

with the Department’s practice, for the 

‘‘all-others’’ rate, we calculated a simple 

average of the two mandatory 

respondents’ rates.6

We determine the total estimated net 

countervailable subsidy rates to be: 

Company Subsidy rate 

(percent) 

T.T. International Co., Ltd. ... 22.75 

JUHUA (including Zhejiang 

Quhua Fluor-Chemistry 

Co., Ltd., and other Juhua 

Stock Companies) ............. 5.71 

Jiangsu Bluestar Green 

Technology Co., Ltd. ......... 1.87 

All Others .............................. 14.23 

As a result of our Preliminary 

Determination, and pursuant to section 

703(d) of the Act, we instructed U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all entries of 

merchandise under consideration from 

the PRC that were entered or withdrawn 

from warehouse, for consumption on or 

after April 18, 2014, the date of 

publication of the Preliminary 

Determination in the Federal Register. 

In accordance with section 703(d) of the 

Act, we issued instructions to CBP to 

discontinue the suspension of 

liquidation for CVD purposes for subject 

merchandise entered, or withdrawn 

from warehouse, on or after August 16, 

2014, but to continue the suspension of 

liquidation of all entries from April 18, 

2014, through August 15, 2014. 

If the U.S. International Trade 

Commission (‘‘ITC’’) issues a final 

affirmative injury determination, we 

will issue a CVD order and reinstate the 

suspension of liquidation under section 

706(a) of the Act and will require a cash 

deposit of estimated CVDs for such 

entries of merchandise in the amounts 

indicated above. If the ITC determines 

that material injury, or threat of material 

injury, does not exist, this proceeding 

will be terminated and all estimated 

duties deposited or securities posted as 

a result of the suspension of liquidation 

will be refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(‘‘APO’’), without the written consent of 

the Assistant Secretary for Enforcement 

and Compliance. 

Return or Destruction of Proprietary 

Information 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the 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 violation which is subject to 

sanction. 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act. 

Dated: October 14, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—Issues and Decision 

Memorandum 

1. Whether Loans Provided by Banks Other 

Than the ‘‘Big Four’’ Are Countervailable 

2. Whether the Department is Properly 

Countervailing Loans to Companies 

Producing a Disfavored Product 

3. Whether AFA is Warranted With Regard to 

the Fluorospar for LTAR Program & 

Whether the Program is Countervailable 

4. Whether Partial AFA is Warranted For the 

Mining Rights for LTAR Program 

5. Whether the Department Should Calculate 

a Separate Combination Rate for Weitron 

6. Whether the Department Correctly Treated 

the Tax and VAT Programs as Recurring 

Subsidies 

7. Bluestar’s Minor Corrections With Regard 

to Electricity 

8. Whether the Department Correctly 

Calculated the Electricity Benchmark 

9. Whether the Department Correctly 

Included Purchases Made for Trading 

Purchases in its Fluorspar Calculation 

for JUHUA 

10. Whether the Department Correctly 

Included Purchases Made From Trading 

Companies in its Fluorspar Calculation 

for JUHUA 

11. Whether Certain Types of Financing are 

Countervailable 

12. Whether the Department Used the Correct 

Denominator for Juhua Mining 

13. Whether the Department Correctly 

Attributed Subsidies for Sinochem 

Taicang 

14. Whether the Department Correctly 

Calculated the Benchmark for Loan 

Programs 

15. Whether the Department Double Counted 

Loans Received by Sinochem Lantian 

16. Whether the Department Correctly 

Calculated the Acidspar Benchmark 

17. Whether the Department Should 

Cumulate the Subsidy Rates of Three 

AHF Suppliers to Sinochem 

18. Whether the Attribution of Subsidies 

Received by Authorities is a Departure 

from Department Practice and Results in 

Double Counting of Subsidy Benefits 

19. Whether the Department Properly 

Rejected Sinochem’s August 1, 2014, 

Submission as Untimely 

20. Whether the Department Should Apply 

the Program-Wide Change Rule and Not 

Calculate a Subsidy Rate for the TwoFree Three-Half Program 

[FR Doc. 2014–24912 Filed 10–17–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–839] 

Certain Polyester Staple Fiber From 

the Republic of Korea: Preliminary 

Results of Changed Circumstances 

Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a request from 

Toray Chemical Korea Inc. (Toray), a 

producer/exporter of certain polyester 

staple fiber (PSF) from the Republic of 

Korea (Korea), and pursuant to section 

751(b) of the Tariff Act of 1930, as 

amended (the Act), and 19 CFR 351.216, 

the Department of Commerce 

(Department) preliminarily determines 

that Toray is the successor-in-interest to 

Woongjin Chemical Co., Ltd (Woongjin). 

We invite interested parties to comment 

on these preliminary results. 

DATES: Effective Date: October 20, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Austin Redington at (202) 482–1664 or 

Nancy Decker at (202) 482–0196, AD/

CVD Operations, Office I, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 25, 2000, the Department 

published notice of the antidumping 

duty order on PSF from Korea in the 

Federal Register.1 On July 2, 2014, 


tkelley on DSK3SPTVN1PROD with NOTICES