81 FR 10659 - Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam Institution of five-year reviews
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 40 (March 1, 2016)
Federal Register Volume 81, Issue 40 (March 1, 2016)
| Page Range | 10659-10662 | |
| FR Document | 2016-04163 |
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)] [Notices] [Pages 10659-10662] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04163] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1063-1064 and 1066-1068 (Second Review)] Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam Institution of five-year reviews AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty orders on frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam 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;\1\ to be assured of consideration, the deadline for responses is March 31, 2016. Comments on the adequacy of responses may be filed with the Commission by May 13, 2016. --------------------------------------------------------------------------- \1\ 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. 16-5-352, expiration date June 30, 2017. 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. --------------------------------------------------------------------------- DATES: Effective: March 1, 2016. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired 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 (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.--On February 1, 2005, the Department of Commerce (``Commerce'') issued antidumping duty orders on imports of frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam (70 FR 5143-5156). Following the five-year reviews by Commerce and the Commission, effective April 29, 2011, Commerce issued a continuation of the antidumping duty orders on imports of frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam (76 FR 23972). The Commission is now conducting second reviews pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the orders 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 parts 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 full or expedited reviews. The Commission's determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions.--The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by the Department of Commerce. (2) The Subject Countries in these reviews are Brazil, China, India, Thailand, and Vietnam. (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 affirmative determinations and its full first five-year review determinations, the Commission defined the Domestic Like Product to consist of fresh warmwater shrimp and prawns and [[Page 10660]] those frozen warmwater shrimp and prawn products defined in Commerce's scope definition. Certain Commissioners defined the Domestic Like Product differently in the original determinations. (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 affirmative determinations and its full first five-year review determinations, the Commission defined the Domestic Industry to consist of: (1) All entities that harvest fresh warmwater shrimp (i.e., fishermen and shrimp farmers) and (2) all processors of frozen shrimp products within the scope definition except for firms that do not engage in sufficient production-related activities to be considered domestic producers.\2\ In addition, five firms were excluded by the Commission from the Domestic Industry pursuant to the related parties provision in the original determinations and one firm was excluded in the full first five-year review determinations. --------------------------------------------------------------------------- \2\ The Commission found that processing activities such as deheading, grading, machine peeling, deveining, and cooking all constitute domestic production but that marinating and skewering do not constitute domestic production. The Commission also concluded that breading did not constitute domestic production activity because breaded shrimp was not part of the Domestic Like Product. --------------------------------------------------------------------------- (5) 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 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 section 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 Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.-- Pursuant to section 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 section 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 be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. Written submissions.--Pursuant to section 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, 2016. Pursuant to section 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 expedited or full reviews. The deadline for filing such comments is May 13, 2016. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E[hyphen]Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to electronic filing. Also, in accordance with sections 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). Inability to provide requested information.--Pursuant to section 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 section 776(b) of the Act (19 U.S.C. 1677e(b)) in making its determinations in the reviews. Information To Be Provided in Response To This Notice of Institution:--If you are a domestic producer, union/worker group, or trade/business association; import/export Subject Merchandise from more than one Subject Country; or produce Subject Merchandise in more than one Subject Country, you may file a single response. If you do so, please ensure that your response to each question includes the information requested for each pertinent Subject Country. As used below, the term ``firm'' includes any related firms. [[Page 10661]] (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 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, 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. (4) A statement of the likely effects of the revocation of the antidumping duty orders on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 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 section 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 each Subject Country that currently export or have exported Subject Merchandise to the United States or other countries after 2009. (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 2015, 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 (i.e., 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 any Subject Country, provide the following information on your firm's(s') operations on that product during calendar year 2015 (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 each 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 each 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 each Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in any Subject Country, provide the following information on your firm's(s') operations on that product during calendar year 2015 (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 each Subject Country accounted for by your firm's(s') production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in each Subject Country (i.e., 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 each 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 each Subject Country after 2009, 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 [[Page 10662]] produced in the United States, Subject Merchandise produced in each 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 section 207.61 of the Commission's rules. By order of the Commission. Issued: February 23, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-04163 Filed 2-29-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 10659
product during calendar year 2015 please explain why and provide assistance in gaining access to the
(report quantity data in pounds and alternative definitions. Commission should contact the Office
value data in U.S. dollars, landed and Authority: This proceeding is being of the Secretary at 202–205–2000.
duty-paid at the U.S. port but not conducted under authority of Title VII of the General information concerning the
including antidumping duties). If you Tariff Act of 1930; this notice is published Commission may also be obtained by
are a trade/business association, provide pursuant to section 207.61 of the accessing its internet server (http://
the information, on an aggregate basis, Commission’s rules. www.usitc.gov). The public record for
for the firms which are members of your By order of the Commission. this proceeding may be viewed on the
association. Issued: February 23, 2016. Commission’s electronic docket (EDIS)
(a) Production (quantity) and, if at http://edis.usitc.gov.
Lisa R. Barton,
known, an estimate of the percentage of SUPPLEMENTARY INFORMATION:
total production of Subject Merchandise Secretary to the Commission.
[FR Doc. 2016–04164 Filed 2–29–16; 8:45 am]
Background.—On February 1, 2005,
in each Subject Country accounted for the Department of Commerce
by your firm’s(s’) production; BILLING CODE 7020–02–P
(‘‘Commerce’’) issued antidumping duty
(b) Capacity (quantity) of your firm(s)
orders on imports of frozen warmwater
to produce the Subject Merchandise in
INTERNATIONAL TRADE shrimp from Brazil, China, India,
each Subject Country (i.e., the level of
COMMISSION Thailand, and Vietnam (70 FR 5143–
production that your establishment(s)
5156). Following the five-year reviews
could reasonably have expected to [Investigation Nos. 731–TA–1063–1064 and by Commerce and the Commission,
attain during the year, assuming normal 1066–1068 (Second Review)] effective April 29, 2011, Commerce
operating conditions (using equipment
issued a continuation of the
and machinery in place and ready to Frozen Warmwater Shrimp from Brazil,
operate), normal operating levels (hours antidumping duty orders on imports of
China, India, Thailand, and Vietnam
per week/weeks per year), time for frozen warmwater shrimp from Brazil,
Institution of five-year reviews
downtime, maintenance, repair, and China, India, Thailand, and Vietnam (76
cleanup, and a typical or representative AGENCY: United States International FR 23972). The Commission is now
product mix); and Trade Commission. conducting second reviews pursuant to
(c) the quantity and value of your ACTION: Notice. section 751(c) of the Act, as amended
firm’s(s’) exports to the United States of (19 U.S.C. 1675(c)), to determine
SUMMARY: The Commission hereby gives whether revocation of the orders would
Subject Merchandise and, if known, an
notice that it has instituted reviews be likely to lead to continuation or
estimate of the percentage of total
pursuant to the Tariff Act of 1930 (‘‘the recurrence of material injury to the
exports to the United States of Subject
Act’’), as amended, to determine domestic industry within a reasonably
Merchandise from each Subject Country
whether revocation of the antidumping foreseeable time. Provisions concerning
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if duty orders on frozen warmwater the conduct of this proceeding may be
any, in the supply and demand shrimp from Brazil, China, India, found in the Commission’s Rules of
conditions or business cycle for the Thailand, and Vietnam would be likely Practice and Procedure at 19 CFR parts
Domestic Like Product that have to lead to continuation or recurrence of 201, Subparts A and B and 19 CFR part
occurred in the United States or in the material injury. Pursuant to the Act, 207, subparts A and F. The Commission
market for the Subject Merchandise in interested parties are requested to will assess the adequacy of interested
each Subject Country after 2009, and respond to this notice by submitting the party responses to this notice of
significant changes, if any, that are information specified below to the institution to determine whether to
likely to occur within a reasonably Commission;1 to be assured of conduct full or expedited reviews. The
foreseeable time. Supply conditions to consideration, the deadline for Commission’s determinations in any
consider include technology; responses is March 31, 2016. Comments expedited reviews will be based on the
production methods; development on the adequacy of responses may be facts available, which may include
efforts; ability to increase production filed with the Commission by May 13, information provided in response to this
(including the shift of production 2016. notice.
facilities used for other products and the DATES: Effective: March 1, 2016. Definitions.—The following
use, cost, or availability of major inputs FOR FURTHER INFORMATION CONTACT: definitions apply to these reviews:
into production); and factors related to Mary Messer (202–205–3193), Office of (1) Subject Merchandise is the class or
the ability to shift supply among Investigations, U.S. International Trade kind of merchandise that is within the
different national markets (including Commission, 500 E Street SW., scope of the five-year reviews, as
barriers to importation in foreign Washington, DC 20436. Hearing- defined by the Department of
markets or changes in market demand impaired persons can obtain Commerce.
abroad). Demand conditions to consider information on this matter by contacting (2) The Subject Countries in these
include end uses and applications; the the Commission’s TDD terminal on 202– reviews are Brazil, China, India,
existence and availability of substitute 205–1810. Persons with mobility Thailand, and Vietnam.
products; and the level of competition impairments who will need special (3) The Domestic Like Product is the
among the Domestic Like Product domestically produced product or
produced in the United States, Subject products which are like, or in the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
1 No response to this request for information is
Merchandise produced in each Subject required if a currently valid Office of Management absence of like, most similar in
and Budget (OMB) number is not displayed; the
Country, and such merchandise from OMB number is 3117–0016/USITC No. 16–5–352,
characteristics and uses with, the
other countries. expiration date June 30, 2017. Public reporting Subject Merchandise. In its original
(13) (Optional) A statement of burden for the request is estimated to average 15 affirmative determinations and its full
whether you agree with the above hours per response. Please send comments first five-year review determinations,
regarding the accuracy of this burden estimate to
definitions of the Domestic Like Product the Office of Investigations, U.S. International Trade
the Commission defined the Domestic
and Domestic Industry; if you disagree Commission, 500 E Street SW., Washington, DC Like Product to consist of fresh
with either or both of these definitions, 20436. warmwater shrimp and prawns and
VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1](https://thefederalregister.org/doc/81_FR_10699/page/1.svg)
![10662 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
produced in the United States, Subject DATES: Effective: February 1, 2016. The investigation was requested in a
Merchandise produced in each Subject FOR FURTHER INFORMATION CONTACT: petition filed on June 25, 2015, by the
Country, and such merchandise from Joanna Lo (202–205–1888), Office of American HFC Coalition, and its
other countries. Investigations, U.S. International Trade members: Amtrol, Inc. (West Warwick,
(13) (Optional) A statement of Commission, 500 E Street SW., Rhode Island); Arkema, Inc. (King of
whether you agree with the above Washington, DC 20436. Hearing- Prussia, Pennsylvania); The Chemours
definitions of the Domestic Like Product impaired persons can obtain Company FC LLC (Wilmington,
and Domestic Industry; if you disagree information on this matter by contacting Delaware); Honeywell International Inc.
with either or both of these definitions, the Commission’s TDD terminal on 202– (Morristown, New Jersey); Hudson
please explain why and provide 205–1810. Persons with mobility Technologies (Pearl River, New York);
alternative definitions. impairments who will need special Mexichem Fluor Inc. (St. Gabriel,
Authority: This proceeding is being assistance in gaining access to the Louisiana); Worthington Industries, Inc.
conducted under authority of Title VII of the Commission should contact the Office (Columbus, Ohio); and District Lodge
Tariff Act of 1930; this notice is published of the Secretary at 202–205–2000. 154 of the International Association of
pursuant to section 207.61 of the General information concerning the Machinists and Aerospace Workers
Commission’s rules. Commission may also be obtained by (‘‘IAMAW’’).
By order of the Commission. accessing its internet server (http:// For further information concerning
Issued: February 23, 2016. www.usitc.gov). The public record for the conduct of this phase of the
Lisa R. Barton, this investigation may be viewed on the investigation, hearing procedures, and
Secretary to the Commission. Commission’s electronic docket (EDIS) rules of general application, consult the
[FR Doc. 2016–04163 Filed 2–29–16; 8:45 am]
at http://edis.usitc.gov. Commission’s Rules of Practice and
BILLING CODE 7020–02–P
SUPPLEMENTARY INFORMATION: Procedure, part 201, subparts A and B
Background.—The final phase of this (19 CFR part 201), and part 207,
investigation is being scheduled, subparts A and C (19 CFR part 207).
INTERNATIONAL TRADE pursuant to section 735(b) of the Tariff Participation in the investigation and
COMMISSION Act of 1930 (19 U.S.C. 1673d(b)), as a public service list.—Persons, including
result of an affirmative preliminary industrial users of the subject
[Investigation No. 731–TA–1279 (Final)] determination by the Department of merchandise and, if the merchandise is
Commerce that imports of sold at the retail level, representative
Hydrofluorocarbon Blends and hydrofluorocarbon blends and
Components From China; Scheduling consumer organizations, wishing to
components thereof from China are participate in the final phase of this
of the Final Phase of an Antidumping being sold in the United States at less
Duty Investigation investigation as parties must file an
than fair value within the meaning of entry of appearance with the Secretary
AGENCY: United States International section 733 of the Act (19 U.S.C. 1673b). to the Commission, as provided in
Trade Commission. section 201.11 of the Commission’s
Tetrafluoroethane; R–410A, a zeotropic mixture of rules, no later than 21 days prior to the
ACTION: Notice. 50 percent Difluoromethane and 50 percent
Pentafluoroethane; and R–507A, an azeotropic hearing date specified in this notice. A
SUMMARY: The Commission hereby gives mixture of 50 percent Pentafluoroethane and 50 party that filed a notice of appearance
notice of the scheduling of the final percent 1,1,1-Trifluoroethane also known as R–507. during the preliminary phase of the
phase of antidumping duty investigation The foregoing percentages are nominal percentages investigation need not file an additional
No. 731–TA–1279 (Final) pursuant to by weight. Actual percentages of single component
refrigerants by weight may vary by plus or minus notice of appearance during this final
the Tariff Act of 1930 (‘‘the Act’’) to two percent points from the nominal percentage phase. The Secretary will maintain a
determine whether an industry in the identified above. public service list containing the names
United States is materially injured or The single component HFCs covered by the scope and addresses of all persons, or their
threatened with material injury, or the are R–32, R–125, and R–143a. R–32 or
Difluoromethane has the chemical formula CH2F2,
representatives, who are parties to the
establishment of an industry in the and is registered as CAS No. 75–10–5. It may also investigation.
United States is materially retarded, by be known as HFC–32, FC–32, Freon-32, Methylene Limited disclosure of business
reason of imports of hydrofluorocarbon difluoride, Methylene fluoride, Carbon fluoride proprietary information (BPI) under an
(‘‘HFC’’) blends and components from hydride, halocarbon R32, fluorocarbon R32, and UN
3252. R–125 or 1,1,1,2,2-Pentafluoroethane has the administrative protective order (APO)
China, provided for in subheadings chemical formula CF3CHF2 and is registered as CAS and BPI service list.—Pursuant to
3824.78.00 (HFC blends) and 2903.39.20 No. 354–33–6. R–125 may also be known as R–125, section 207.7(a) of the Commission’s
(HFC components) of the Harmonized HFC–125, Pentafluoroethane, Freon 125, and Fc- rules, the Secretary will make BPI
Tariff Schedule of the United States, 125, R–125. R–143a or 1,1,1-Trifluoroethane has the
chemical formula CF3CH3 and is registered as CAS gathered in the final phase of this
preliminarily determined by the No. 420–46–2. R–143a may also be known as R– investigation available to authorized
Department of Commerce to be sold at 143a, HFC–143a, Methylfluoroform, 1,1,1- applicants under the APO issued in the
less-than-fair-value.1 Trifluoroform, and UN2035. investigation, provided that the
Excluded from this investigation are blends of
1 For purposes of this investigation, the refrigerant chemicals that include products other
application is made no later than 21
Department of Commerce has defined the subject than HFCs, such as blends including days prior to the hearing date specified
merchandise as ‘‘blended hydrofluorocarbons chlorofluorocarbons (CFCs) or in this notice. Authorized applicants
hydrochlorofluorocarbons (HCFCs). must represent interested parties, as
asabaliauskas on DSK5VPTVN1PROD with NOTICES
(HFCs) and single HFC components of those blends
thereof, whether or not imported for blending. HFC Also excluded from this investigation are defined by 19 U.S.C. 1677(9), who are
blends covered by the scope are R–404, a zeotropic patented HFC blends, such as ISCEON® blends,
mixture consisting of 52 percent 1,1,1- including MO99TM (RR–438A), MO79 (R–422A), parties to the investigation. A party
Trifluoroethane, 44 percent Pentafluoroethane, and MO59 (R–417A), MO49PlusTM (R–437A) and granted access to BPI in the preliminary
4 percent 1,1,1,2-Tetrafluoroethane; R–407A, a MO29TM (R–4 22D), Genetron® PerformaxTM LT phase of the investigation need not
zeotropic mixture of 20 percent Difluoromethane, (R–407F), Choice® R–421A, and Choice® R–421B. reapply for such access. A separate
40 percent Pentafluoroethane, and 40 percent We note that HFC blends were classified at
1,1,1,2-Tetrafluoroethane; R–407C, a zeotropic HTSUS subheading 3824.78.0020 and single
service list will be maintained by the
mixture of 23 percent Difluoromethane, 25 percent component HFCs were classified at HTSUS Secretary for those parties authorized to
Pentafluoroethane, and 52 percent 1,1,1,2- subheading 2903.39.2030 in 2015.’’ receive BPI under the APO.
VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1](https://thefederalregister.org/doc/81_FR_10699/page/4.svg)
Document Created: 2018-02-02 15:00:18
Document Modified: 2018-02-02 15:00:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Effective: March 1, 2016. | |
| Contact | Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired 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 (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov. | |
| FR Citation | 81 FR 10659 |
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