81_FR_42439 81 FR 42314 - Hydrofluorocarbon Blends and Components Thereof From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances

81 FR 42314 - Hydrofluorocarbon Blends and Components Thereof From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 125 (June 29, 2016)

Page Range42314-42318
FR Document2016-15298

The Department of Commerce (the Department) determines that imports of hydrofluorocarbon blends and components thereof (HFCs) from the People's Republic of China (PRC) are being, or likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). In addition, we determine that critical circumstances exist with respect to imports of the subject merchandise. The final weighted-average dumping margins for this investigation are listed in the ``Final Determination Margins'' section below. The period of investigation is October 1, 2014, through March 31, 2015.

Federal Register, Volume 81 Issue 125 (Wednesday, June 29, 2016) 
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42314-42318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15298]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends and Components Thereof From the People's 
Republic of China: Final Determination of Sales at Less Than Fair Value 
and Final Affirmative Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of hydrofluorocarbon blends and components thereof (HFCs) from 
the People's Republic of China (PRC) are being, or likely to be, sold 
in the United States at less than fair value (LTFV), as provided in 
section 735 of the Tariff Act of 1930, as amended (the Act). In 
addition, we determine that critical circumstances exist with respect 
to imports of the subject merchandise. The final weighted-average 
dumping margins for this investigation are listed in the ``Final 
Determination Margins'' section below. The period of investigation is 
October 1, 2014, through March 31, 2015.

DATES: Effective Date: June 29, 2016.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Dennis McClure, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874 or (202) 482-5973.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2016, the Department published the preliminary 
determination of sales at LTFV of HFCs from the PRC.\1\ The following 
events occurred since the Preliminary Determination was issued.
---------------------------------------------------------------------------

    \1\ See Hydrofluorocarbon Blends and Components Thereof From the 
People's Republic of China: Preliminary Determination of Sales at 
Less than Fair Value, Affirmative Preliminary Determination of 
Critical Circumstances, in Part, and Postponement of Final 
Determination, 81 FR 5098 (February 1, 2016) and accompanying 
Decision Memorandum (Preliminary Determination).
---------------------------------------------------------------------------

    In February and March 2016, the Department attempted to verify the 
sales and factors of production (FOP) information submitted by Huantai 
Dongyue International Trade Co., Ltd. and Shandong Dongyue Chemical 
Co., Ltd. (collectively, Dongyue), in accordance with section 782(i) of 
the Act. However, as discussed in more detail below in the the 
``Verification'' section of this notice, we find that Dongyue's 
reported data, including its separate rate application, are 
unverifiable, and thus cannot serve as a reliable basis for reaching a 
determination in this investigation. As a result, we are considering 
Dongyue to be part of the PRC-wide entity.
    In March 2016, we verified the sales and FOP information submitted 
by T.T. International Co., Ltd. (TTI), in accordance with section 
782(i) of the Act.
    We invited interested party comments on the preliminary 
determination in this investigation. In April 2016, the petitioners,\2\ 
the two mandatory respondents (Dongyue and TTI), a U.S. manufacturer of 
HFCs (National Refrigerants, Inc.), and various companies claiming 
separate rates (Taizhou Qingsong Refrigerant New Material Co., Ltd.; 
Daikin America and Daikin Fluorochemicals (China) Co., Ltd. (Daikin); 
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. and 
Weitron, Inc. (Weitron); Zhejiang Sanmei Chemical Ind. Co., Ltd. 
(Zhejiang Sanmei Chemical Industry Co., Ltd.) (Sanmei); Zhejiang Quhua 
Fluor[hyphen]Chemistry Co., Ltd. (Quhua); Zhejiang Quzhou Lianzhou 
Refrigerants Co., Ltd. (Lianzhou); Zhejiang Yonghe Refrigerant Co., 
Ltd. (Zhejiang Yonghe); Jinhua Yonghe Fluorochemical Co., Ltd. (Jinhua 
Yonghe); and Shandong Huaan New Material Co., Ltd. (Huaan)) submitted 
case and rebuttal briefs regarding issues unrelated to the scope of 
this investigation.
---------------------------------------------------------------------------

    \2\ The petitioners in this case are The American HFC Coalition 
and its individual members and District Lodge 154 of the 
International Association of Machinists and Aerospace Workers.
---------------------------------------------------------------------------

    In May 2016, we issued memoranda analyzing certain comments 
received on the scope of this investigation,\3\ and we invited comments 
related to this analysis. In this same month, the petitioners and 
various interested parties submitted case briefs, and the petitioners 
also submitted a rebuttal brief. On June 2, 2016, the Department held a 
public hearing.
---------------------------------------------------------------------------

    \3\ See the Memoranda to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Melissa Skinner, Director, Office II, entitled``Antidumping Duty 
Investigation of Hydrofluorocarbon Blends and Components (HFCs) from 
the People's Republic of China (PRC): Analysis of Scope Comments 
Made by Refrigerant Solutions Limited''; and ``Antidumping Duty 
Investigation of Hydrofluorocarbon Blends and Components (HFCs) from 
the People's Republic of China (PRC): Analysis of Certain Scope 
Comments,'' dated May 3, 2016.

---------------------------------------------------------------------------

[[Page 42315]]

Scope of the Investigation

    The scope of the investigation covers HFCs and single HFC 
components of those blends thereof, whether or not imported for 
blending. For a complete description of the scope of the investigation, 
see Appendix I.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision 
Memorandum.\4\ A list of the issues raised is attached to this notice 
as Appendix II. 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 http://access.trade.gov and it is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, regarding ``Issues and Decision 
Memorandum for the Final Affirmative Determination in the Less-Than-
Fair-Value Investigation of Hydrofluorocarbon Blends and Components 
Thereof from the People's Republic of China,'' dated concurrently 
with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in March 2016, we 
verified the sales and FOP information submitted by TTI for use in our 
final determination. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by TTI.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to The File, from Dennis McClure and Manuel 
Rey, Analysts, AD/CVD Operations, Office II, entitled ``Verification 
of the Responses of T.T. International Co., Ltd. in the Antidumping 
Duty Investigation of Hydrofluorocarbon Blends and Components 
Thereof from the People's Republic of China'' dated April 6, 2016, 
and Memorandum to The File, from Dennis McClure and Manuel Rey, 
Analysts, AD/CVD Operations, Office II, entitled ``Verification of 
the Responses of Sinochem Environmental Protection Chemicals 
(Taicang) Co., Ltd. in the Antidumping Duty Investigation of 
Hydrofluorocarbon Blend and Components Thereof from the People's 
Republic of China,'' dated April 5, 2016.
---------------------------------------------------------------------------

    In addition, as provided in section 782(i) of the Act, in February 
and March 2016, we also attempted to verify the sales and FOP 
information submitted by Dongyue, using standard verification 
procedures.\6\ However, as noted in the Dongyue Verification Report, 
the Department was unable to validate the accuracy of Dongyue's 
accounting system.\7\ As a consequence, we find that Dongyue's reported 
data is unverifiable, and thus cannot serve as a reliable basis for 
reaching a determination in this investigation.\8\ Furthermore, we find 
that Dongyue was unable to support its separate rates claim at 
verification. Specifically, because Dongyue was unable to establish the 
integrity of its accounting system at verification, and the information 
contained in a company's accounting system is integral to the proper 
evaluation of its seprate rates eligibility, we find that all of the 
information derived from it is unverifiable. As a result, we find 
Dongyue to be part of the PRC-wide entity. For further discussion, see 
the Issues and Decision Memorandum at Comment 14.
---------------------------------------------------------------------------

    \6\ See Memorandum to the File from Manuel Rey, Analyst, AD/CVD 
Operations, Office II, entitled, ``Verification of the Responses of 
Huantai Dongyue International Trade Co., Ltd. and Shandong Dongyue 
Chemical Co., Ltd. in the Antidumping Duty Investigation of 
Hydrofluorocarbon Blends and Components Thereof from the People's 
Republic of China,'' dated March 25, 2016 (Dongyue Verification 
Report).
    \7\ See Dongyue Verification Report, at 2.
    \8\ See sections 782(e)(2) and (3) of the Act.
---------------------------------------------------------------------------

Changes to the Margin Calculations Since the Preliminary Determination

    Based on the Department's analysis of the comments received and our 
findings at verification, we made certain changes to our margin 
calculations for TTI. For a discussion of these changes, see the Issues 
and Decision Memorandum.

Combination Rates

    In the Initiation Notice,\9\ the Department stated that it would 
calculate combination rates for respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\10\
---------------------------------------------------------------------------

    \9\ See Hydrofluorocarbon Blends and Components Thereof From the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation, 80 FR 43387, 43391 (July 22, 2015).
    \10\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-pdf.
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances, in Part

    For the Preliminary Determination, the Department found that 
critical circumstances exist with respect to imports of HFCs from the 
PRC produced or exported by TTI and the PRC-wide entity, and we found 
that critical circumstances did not exist with respect to imports of 
HFCs from Dongyue and the companies to which we granted a separate rate 
(hereafter, ``separate rates companies'').\11\ We are not modifying our 
critical circumstances findings for TTI, the separate rates companies, 
and the PRC-wide entity for the final determination. However, as noted 
above, we find that Dongyue is not eligible for a separate rate in this 
investigation, and, thus, we are no longer making a separate critical 
circumstances finding with respect to this company. For further 
discussion, see the Issues and Decision Memorandum at Comment 7. Thus, 
pursuant to section 735(a)(3)(B) of the Act and 19 CFR 351.206(h)(1)-
(2), we find that critical circumstances exist with respect to subject 
merchandise produced or exported by all respondents in this 
investigation except the separate rates companies.
---------------------------------------------------------------------------

    \11\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 23.
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Determination, we found that evidence provided 
by Huaan, Jinhua Yonghe, Zhejiang Yonghe, and Sanmei supported finding 
an absence of both de jure and de facto government control, and, 
therefore, we preliminarily granted a separate rate to each of these 
companies.\12\ In addition, in the Preliminary Determination, we found 
that Daikin and Weitron are wholly foreign-owned and do not require the 
Department to conduct further analyses of the de jure and de facto 
criteria to determine whether Daikin or Weitron is independent from 
government control.\13\ We received no information since the issuance 
of the Preliminary Determination that provides a basis for 
reconsidering these determinations. Therefore, for the final 
determination, we continue to find that Huaan, Jinhua Yonghe, Zhejiang 
Yonghe, and Sanmei, Daikin, and Weitron are eligible for separate 
rates.
---------------------------------------------------------------------------

    \12\ Id., and accompanying Preliminary Decision Memorandum at 
20-23. We also assigned Dongyue and TTI separate rates. See 
Preliminary Determination, 81 FR at 5099. However, we now find that 
Dongyue is no longer eligible for a separate rate. See the Issues 
and Decision Memorandum at Comment 14.
    \13\ Id.
---------------------------------------------------------------------------

    With respect to Zhejiang Lantian Environmental Protection Fluoro 
Material Co., Ltd. (Lantian Fluoro), Lianzhou, Sinochem Lantian Trade 
Co., Ltd. (Sinochem Lantian), Quhua, and

[[Page 42316]]

Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd. 
(Taicang), however, we determined in the Preliminary Determination that 
these companies failed to demonstrate an absence of de facto government 
control, and, thus, the Department did not grant Lantian Fluoro, 
Lianzhou, Sinochem Lantian, Quhua, and Taicang separate rates. For this 
final determination, we continue to find, based on record evidence, 
that Lantian Fluoro, Lianzhou, Sinochem Lantian, Quhua, and Taicang 
failed to demonstrate an absence of de facto government control, and we 
are therefore not granting these companies separate rates. For further 
discussion of this issue, see the Issues and Decision Memorandum at 
Comment 8.
    Under section 735(c)(5)(A) of the Act, the rate for all other 
companies that have not been individually examined is normally an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely on the basis of facts available. In this 
final determination, the Department has calculated a rate for TTI that 
is not zero, de minimis, or based entirely on facts available. 
Therefore, the Department has assigned to the companies that have not 
been individually examined, but have demonstrated their eligibility for 
a separate rate, a margin of 101.82 percent, which is the rate for TTI.

PRC-Wide Rate

    In our Preliminary Determination, we found that the PRC-wide 
entity, which includes Lantian Trade, Taicang, Lantian Environmental, 
Quhua, and Lianzhou, and other PRC exporters and/or producers of the 
merchandise under consideration during the POI did not respond to the 
Department's quantity and value questionnaire. As a result, we 
preliminarily calculated the PRC-wide rate on the basis of adverse 
facts available (AFA).\14\ For the final determination, we determined 
to use, as the AFA rate applied to the PRC-wide entity, 216.37 percent, 
the highest transaction-specific dumping margin calculated in the final 
determination. As we explained in the Preliminary Determination, we 
attempt to corroborate the highest margin contained in the Petition 
(i.e., 300.30 percent) by comparing it to the highest calculated 
transaction-specific margin.\15\ We determined that the highest 
transaction-specific margin demonstrates that the Petition rate of 
300.30 percent does not have probative value. Therefore, we determined 
that we are unable to corroborate the 300.30 percent rate and, 
consequently, we used TTI's highest calculated transaction-specific 
margin as the PRC-wide rate.\16\ For these same reasons, in the final 
determination, we continued to base the PRC-wide rate on TTI's highest 
transaction-specific margin, which is now 216.37 percent. Furthermore, 
there is no need to corroborate the selected margin because it is based 
on information submitted by TTI in the course of this investigation 
(i.e., it is not secondary information).
---------------------------------------------------------------------------

    \14\ Id., at 25.
    \15\ In the Preliminary Determination, we compared the highest 
Petition margin to the transaction-specific margins for both Dongyue 
and TTI, finding TTI's to be the highest. Id. However, in the final 
determination, we used only the transaction-specific margins for TTI 
in our comparison because we find Dongyue to be part of the PRC-wide 
entity.
    \16\ Id., at 27-28.
---------------------------------------------------------------------------

Final Determination Margins

    The Department determines that the final weighted-average dumping 
margins, and cash deposit rates are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
          Exporter                       Producer               margin
                                                                  (%)
------------------------------------------------------------------------
T.T. International Co.,       Sinochem Environmental              101.82
 Ltd.\17\.                     Protection Chemicals
                               (Taicang) Co., Ltd.
T.T. International Co., Ltd.  Zhejiang Lantian Environmental      101.82
                               Protection Fluoro Material
                               Co. Ltd.*.
T.T. International Co., Ltd.  Jinhua Yonghe Fluorochemical        101.82
                               Co., Ltd.
T.T. International Co., Ltd.  Zhejiang Sanmei Chemical            101.82
                               Industry Co., Ltd.
T.T. International Co., Ltd.  Shandong Huaan New Material         101.82
                               Co., Ltd..
T.T. International Co., Ltd.  Zhejiang Zhonglan                   101.82
                               Refrigeration Technology Co.,
                               Ltd.
T.T. International Co., Ltd.  Dongyang Weihua Refrigerants        101.82
                               Co., Ltd..
Daikin Fluorochemicals        Daikin Fluorochemicals (China)      101.82
 (China) Co., Ltd.             Co., Ltd..
Daikin Fluorochemicals        Arkema Daikin Advanced              101.82
 (China) Co., Ltd.             Fluorochemicals (Changsu)
                               Co., Ltd. (Arkema Daikin). **
Jinhua Yonghe Fluorochemical  Zhejiang Yonghe Refrigerant         101.82
 Co., Ltd.                     Co., Ltd.
Shandong Huaan New Material   Shandong Huaan New Material         101.82
 Co., Ltd.                     Co., Ltd.
Weitron International         Zhejiang Lantian Environmental      101.82
 Refrigeration Equipment       Protection Fluoro Material
 (Kunshan) Co., Ltd.           Co., Ltd.
Weitron International         Sinochem Environmental              101.82
 Refrigeration Equipment       Protection Chemicals
 (Kunshan) Co., Ltd.           (Taicang) Co., Ltd.
Weitron International         Zhejiang Quzhou Lianzhou            101.82
 Refrigeration Equipment       Refrigerants Co., Ltd.
 (Kunshan) Co., Ltd.
Weitron International         Zhejiang Sanmei Chemical            101.82
 Refrigeration Equipment       Industry Co., Ltd.
 (Kunshan) Co., Ltd.
Zhejiang Yonghe Refrigerant   Jinhua Yonghe Fluorochemical        101.82
 Co., Ltd.                     Co., Ltd.
Zhejiang Sanmei Chemical      Zhejiang Sanmei Chemical            101.82
 Industry Co., Ltd.            Industry Co., Ltd. (Zhejiang
 (Zhejiang Sanmei Chemical     Sanmei Chemical Industry Co.,
 Industry Co., Ltd.). ***      Ltd.). ***
Zhejiang Sanmei Chemical      Jiangsu Sanmei Chemicals Co.,       101.82
 Industry Co., Ltd.            Ltd.
 (Zhejiang Sanmei Chemical
 Industry Co., Ltd.). ***
PRC-Wide Entity \18\........  ..............................      216.37
------------------------------------------------------------------------
* In the Preliminary Determination, we used an incorrect name for TTI's
  supplier Zhejiang Lantian Environmental Protection Fluoro Material Co.
  Ltd. (i.e., Zhejiang Lantian Environmental Protection Flourine
  Materials Co. Ltd.). For further discussion, see the Issues and
  Decision Memorandum at Comment 12.
** In the Preliminary Determination, we failed to assign a combination
  rate to this producer/exporter combination for Daikin. For further
  discussion, see the Issues and Decision Memorandum at Comment 12.
*** In the Preliminary Determination, we failed to include the name by
  which Sanmei is also known in Sanmei's producer/exporter combination
  rates. For further discussion, see the Issues and Decision Memorandum
  at Comment 12.


[[Page 42317]]

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \17\ In this investigation, the Department determined to treat 
T.T. International, Ltd. (Dalian) and T.T. International Ltd. (Hong 
Kong) as a single entity (i.e., T.T. International Co., Ltd. or TTI) 
for purposes of this antidumping duty proceeding. See the memorandum 
to Melissa G. Skinner, Director, Office II, from Dennis McClure, 
International Trade Analyst, entitled, ``Antidumping Duty 
Investigation of Hydrofluorocarbons from the People's Republic of 
China: Affiliation and Single Entity Status,'' dated concurrently 
with this determination.
    \18\ This also includes Dongyue, Lantian Trade, Taicang, Lantian 
Environmental, Quhua, and Lianzhou.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of HFCs from the PRC for 
the companies receiving a separate rate which were entered, or 
withdrawn from warehouse, for consumption on or after February 1, 2016, 
the date of publication of the preliminary determination of this 
investigation in the Federal Register. For entries made by TTI and the 
PRC-wide entity, in accordance with section 735(c)(4)(B) of the Act, 
because we continue to find that critical circumstances exist, we will 
instruct CBP to continue to suspend liquidation of all appropriate 
entries of HFCs from the PRC which were entered, or withdrawn from 
warehouse, for consumption on or after November 3, 2015, which is 90 
days prior to the date of publication of the preliminary determination 
of this investigation in the Federal Register. Finally, because we now 
find that Dongyue is part of the PRC-wide entity, we will also instruct 
CBP to suspend liquidation of all appropriate entries of HFCs from the 
PRC from Dongyue which were entered, or withdrawn from warehouse, for 
consumption on or after November 3, 2015, in accordance with section 
735(c)(4)(B) of the Act.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the 
Department will instruct CBP to require a cash deposit equal to the 
amount by which normal value exceeds U.S. price as follows: (1) For the 
exporter/producer combinations listed in the table above, the cash 
deposit rate will be equal to the dumping margin which the Department 
determined in this final determination; (2) for all combinations of PRC 
exporters/producers of merchandise under consideration which have not 
received their own separate rate above, the cash deposit rate will be 
equal to the dumping margin established for the PRC-wide entity; and 
(3) for all non-PRC exporters of merchandise under consideration which 
have not received their own separate rate above, the cash deposit rate 
will be equal to the cash deposit rate applicable to the PRC exporter/
producer combination that supplied that non-PRC exporter. The 
suspension of liquidation instructions will remain in effect until 
further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final determination. 
As our final determination is affirmative, in accordance with section 
735(b)(2) of the Act, the ITC will determine within 45 days whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury exists, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as a 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 the destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: June 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The products subject to this investigation are HFCs and single 
HFC components of those blends thereof, whether or not imported for 
blending. 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.\19\
---------------------------------------------------------------------------

    \19\ 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.
---------------------------------------------------------------------------

    The single component HFCs covered by the scope are R-32, R-125, 
and R-143a. R-32 or Difluoromethane has the chemical formula CH2F2, 
and is registered as CAS No. 75-10-5. It may also be known as HFC-
32, FC-32, Freon-32, Methylene difluoride, Methylene fluoride, 
Carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN 
3252. R-125 or 1,1,1,2,2-Pentafluoroethane has the chemical formula 
CF3CHF2 and is registered as CAS No. 354-33-6. R-125 may also be 
known as R-125, HFC-125, Pentafluoroethane, Freon 125, and Fc-125, 
R-125. R-143a or 1,1,1-Trifluoroethane has the chemical formula 
CF3CH3 and is registered as CAS No. 420-46-2. R-143a may also be 
known as R-143a, HFC-143a, Methylfluoroform, 1,1,1-Trifluoroform, 
and UN2035.
    Also included are semi-finished blends of Chinese HFC 
components. Except as described below, semi-finished blends are 
blends of two Chinese HFCs components (i.e., R-32, R-125, and R-
143a), as well as blends of any one of these components with Chinese 
R-134a, that are used to produce the subject HFC blends that have 
not been blended to the specific proportions required to meet the 
definition of one of the subject HFC blends described above (R-404A, 
R-407A, R-407C, R-410A, and R-507A).
    This investigation includes any Chinese HFC components (i.e., R-
32, R-125, and R-

[[Page 42318]]

143a), as well as Chinese R-134a,\20\ that are blended in a third 
country to produce a subject HFC blend before being imported into 
the United States. Chinese R-134a is not subject to the scope of 
this investigation unless it is blended with another Chinese HFC 
component (i.e., R-32, R-125, and R-143a) into a subject blend or 
semi-finished blend before being imported into the United States.
---------------------------------------------------------------------------

    \20\ However, if the only Chinese content of such a third 
country blend is the R-134a portion, then such a third country blend 
is excluded from the scope of this investigation.
---------------------------------------------------------------------------

    Any blend or semi-finished blend that includes an HFC component 
other than R-32, R-125, R-143a, or R-134a is excluded from the scope 
of this investigation. Furthermore, semi-finished blends do not 
include any blends containing both HFCs R-32 and R-143a. Single-
component HFCs and semi-finished HFC blends are not excluded from 
the scope of this investigation when blended with HFCs from non-
subject countries.
    Excluded from this investigation 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 this investigation are patented HFC blends, 
including, but not limited to, ISCEON[supreg] blends, including 
MO99TM (R-438A), MO79 (R-422A), MO59 (R-417A), 
MO49PlusTM (R-437A) and MO29TM (R-4 22D), 
Genetron[supreg] PerformaxTM LT (R-407F), Choice[supreg] 
R-421A, and Choice[supreg] R-421B.
    HFC blends covered by the scope of this investigation are 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Single 
component HFCs are currently classified at subheadings 2903.39.2035 
and 2903.39.2045, HTSUS.\21\ Although the HTSUS subheadings and CAS 
registry numbers are provided for convenience and customs purposes, 
the written description of the scope is dispositive.
---------------------------------------------------------------------------

    \21\ We note that HFC blends were classified at HTSUS subheading 
3824.78.0000 and single component HFCs were classified at HTSUS 
subheading 2903.39.2030 in 2015.
---------------------------------------------------------------------------

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

I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues
    1. Number of Classes or Kinds of Merchandise
    2. Addition of the Word ``Refrigerants''
    3. Semi-Finished Blends
    4. Third Country Blending
    5. Patented Blends and Non-Named HFC Blends
    6. Voluntary Respondents
    7. Critical Circumstances
    8. Companies Owned by a State-Owned Enterprise
    9. Authority to Base the PRC-Wide Rate on AFA
    10. Rejection of Qingsong's Quantity and Value and Separate 
Rates Responses
    11. Rate Assigned to Separate Rates Companies
    12. Ministerial Errors in Certain Combination Rates
    13. Verification Failure for Dongyue
    14. The Margin Assigned to Dongyue
    15. Moot Arguments for Dongyue
    16. AFA for TTI
    17. Whether TTI or its Supplier is the Respondent
    18. Value Added Tax Paid by the Suppliers
    19. Selling Expenses Incurred by TT Hong Kong
    20. Freight Expenses Paid to a Non-Market Economy Provider
    21. Movement Expenses Paid by the Suppliers
    22. Zip Codes Used in the Differential Pricing Analysis
    23. Factors of Production (FOPs) Reported Based on the 
Accounting or Calendar Month
    24. FOPs for Catalyst
    25. Energy FOPs
    26. Granting a By-Product Offset for Hydrochloric Acid (HCL) and 
Hydrogen Fluoride
    27. Whether the By-Product Adjustment Should be Based on Sales 
or Production Quantity
    28. Surrogate Value for HCL
    29. Surrogate Value for Anhydrous Hydrogen Fluoride
    30. Surrogate Financial Statements
    31. Margin Calculation Errors
VIII. Recommendation

[FR Doc. 2016-15298 Filed 6-28-16; 8:45 am]
 BILLING CODE 3510-DS-P

42314 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices employees, and will receive no DEPARTMENT OF COMMERCE Act. However, as discussed in more compensation for their participation in detail below in the the ‘‘Verification’’ Advisory Council activities. Members International Trade Administration section of this notice, we find that participating in Advisory Council [A–570–028] Dongyue’s reported data, including its meetings and events will be responsible separate rate application, are for their travel, living and other Hydrofluorocarbon Blends and unverifiable, and thus cannot serve as a personal expenses. Meetings will be Components Thereof From the reliable basis for reaching a held regularly and, to the extent People’s Republic of China: Final determination in this investigation. As a practical, not less than twice annually, Determination of Sales at Less Than result, we are considering Dongyue to be in Washington, DC, or other locations as Fair Value and Final Affirmative part of the PRC-wide entity. feasible. Teleconference meetings may Determination of Critical In March 2016, we verified the sales also be held as needed. Circumstances and FOP information submitted by T.T. To be considered for membership, AGENCY: Enforcement and Compliance, International Co., Ltd. (TTI), in submit the following information by International Trade Administration, accordance with section 782(i) of the 5:00 p.m. EDT on July 22, 2016 to the Department of Commerce. Act. email or mailing address listed in the SUMMARY: The Department of Commerce We invited interested party comments ADDRESSES section: (the Department) determines that on the preliminary determination in this imports of hydrofluorocarbon blends 1. Name and title of the individual investigation. In April 2016, the and components thereof (HFCs) from requesting consideration. petitioners,2 the two mandatory the People’s Republic of China (PRC) are respondents (Dongyue and TTI), a U.S. 2. A sponsor letter from the applicant being, or likely to be, sold in the United manufacturer of HFCs (National on his or her company letterhead States at less than fair value (LTFV), as Refrigerants, Inc.), and various containing a brief statement of why the provided in section 735 of the Tariff Act of 1930, as amended (the Act). In companies claiming separate rates applicant should be considered for (Taizhou Qingsong Refrigerant New membership on the Advisory Council. addition, we determine that critical circumstances exist with respect to Material Co., Ltd.; Daikin America and This sponsor letter should also address Daikin Fluorochemicals (China) Co., the applicant’s experience and imports of the subject merchandise. The final weighted-average dumping Ltd. (Daikin); Weitron International leadership related to trade, investment, Refrigeration Equipment (Kunshan) Co., financing, development, or other margins for this investigation are listed in the ‘‘Final Determination Margins’’ Ltd. and Weitron, Inc. (Weitron); commercial activities between the Zhejiang Sanmei Chemical Ind. Co., Ltd. United States and Africa. section below. The period of investigation is October 1, 2014, through (Zhejiang Sanmei Chemical Industry 3. The applicant’s personal resume March 31, 2015. Co., Ltd.) (Sanmei); Zhejiang Quhua and short bio (less than 300 words). DATES: Effective Date: June 29, 2016. Fluor-Chemistry Co., Ltd. (Quhua); 4. An affirmative statement that the Zhejiang Quzhou Lianzhou Refrigerants FOR FURTHER INFORMATION CONTACT: applicant meets all eligibility criteria, Elizabeth Eastwood or Dennis McClure, Co., Ltd. (Lianzhou); Zhejiang Yonghe including an affirmative statement that AD/CVD Operations, Office II, Refrigerant Co., Ltd. (Zhejiang Yonghe); the applicant is not required to register Enforcement and Compliance, Jinhua Yonghe Fluorochemical Co., Ltd. as a foreign agent under the Foreign International Trade Administration, (Jinhua Yonghe); and Shandong Huaan U.S. Department of Commerce, 14th New Material Co., Ltd. (Huaan)) Agents Registration Act of 1938, as Street and Constitution Avenue NW., submitted case and rebuttal briefs amended. Washington, DC 20230; telephone: (202) regarding issues unrelated to the scope 5. Information regarding the of this investigation. 482–3874 or (202) 482–5973. ownership and control of the company, SUPPLEMENTARY INFORMATION: In May 2016, we issued memoranda including the stock holdings as analyzing certain comments received on appropriate, signifying compliance with Background the scope of this investigation,3 and we the criteria set forth above. On February 1, 2016, the Department invited comments related to this 6. The company’s size, product or published the preliminary analysis. In this same month, the service line, and major markets in determination of sales at LTFV of HFCs petitioners and various interested which the company operates. from the PRC.1 The following events parties submitted case briefs, and the 7. A profile of the company’s trade, occurred since the Preliminary petitioners also submitted a rebuttal investment, development, finance, Determination was issued. brief. On June 2, 2016, the Department In February and March 2016, the held a public hearing. partnership, or other commercial Department attempted to verify the sales activities in or with African markets. and factors of production (FOP) 2 The petitioners in this case are The American 8. Brief statement describing how the information submitted by Huantai HFC Coalition and its individual members and applicant will contribute to the work of Dongyue International Trade Co., Ltd. District Lodge 154 of the International Association the Advisory Council based on his or and Shandong Dongyue Chemical Co., of Machinists and Aerospace Workers. 3 See the Memoranda to Christian Marsh, Deputy her unique experience and perspective Ltd. (collectively, Dongyue), in Assistant Secretary for Antidumping and (not to exceed 100 words). accordance with section 782(i) of the Countervailing Duty Operations, from Melissa mstockstill on DSK3G9T082PROD with NOTICES Dated:_June 24, 2016. Skinner, Director, Office II, entitled‘‘Antidumping 1 See Hydrofluorocarbon Blends and Components Duty Investigation of Hydrofluorocarbon Blends Tricia Van Orden, Thereof From the People’s Republic of China: and Components (HFCs) from the People’s Republic Executive Secretary, President’s Advisory Preliminary Determination of Sales at Less than of China (PRC): Analysis of Scope Comments Made Fair Value, Affirmative Preliminary Determination by Refrigerant Solutions Limited’’; and Council on Doing Business in Africa. of Critical Circumstances, in Part, and ‘‘Antidumping Duty Investigation of [FR Doc. 2016–15373 Filed 6–28–16; 8:45 am] Postponement of Final Determination, 81 FR 5098 Hydrofluorocarbon Blends and Components (HFCs) BILLING CODE 3510–DR–P (February 1, 2016) and accompanying Decision from the People’s Republic of China (PRC): Analysis Memorandum (Preliminary Determination). of Certain Scope Comments,’’ dated May 3, 2016. VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1

Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices 42315 Scope of the Investigation 2016, we also attempted to verify the circumstances exist with respect to The scope of the investigation covers sales and FOP information submitted by imports of HFCs from the PRC produced HFCs and single HFC components of Dongyue, using standard verification or exported by TTI and the PRC-wide those blends thereof, whether or not procedures.6 However, as noted in the entity, and we found that critical imported for blending. For a complete Dongyue Verification Report, the circumstances did not exist with respect description of the scope of the Department was unable to validate the to imports of HFCs from Dongyue and investigation, see Appendix I. accuracy of Dongyue’s accounting the companies to which we granted a system.7 As a consequence, we find that separate rate (hereafter, ‘‘separate rates Analysis of Comments Received Dongyue’s reported data is unverifiable, companies’’).11 We are not modifying All issues raised in the case and and thus cannot serve as a reliable basis our critical circumstances findings for rebuttal briefs by parties in this for reaching a determination in this TTI, the separate rates companies, and investigation are addressed in the Issues investigation.8 Furthermore, we find the PRC-wide entity for the final and Decision Memorandum.4 A list of that Dongyue was unable to support its determination. However, as noted the issues raised is attached to this separate rates claim at verification. above, we find that Dongyue is not notice as Appendix II. The Issues and Specifically, because Dongyue was eligible for a separate rate in this Decision Memorandum is a public unable to establish the integrity of its investigation, and, thus, we are no document and is on file electronically accounting system at verification, and longer making a separate critical via Enforcement and Compliance’s the information contained in a circumstances finding with respect to Antidumping and Countervailing Duty company’s accounting system is integral this company. For further discussion, Centralized Electronic Service System to the proper evaluation of its seprate see the Issues and Decision (ACCESS). ACCESS is available to rates eligibility, we find that all of the Memorandum at Comment 7. Thus, registered users at http:// information derived from it is pursuant to section 735(a)(3)(B) of the access.trade.gov and it is available to all unverifiable. As a result, we find Act and 19 CFR 351.206(h)(1)–(2), we parties in the Central Records Unit, Dongyue to be part of the PRC-wide find that critical circumstances exist Room B8024 of the main Department of entity. For further discussion, see the with respect to subject merchandise Commerce building. In addition, a Issues and Decision Memorandum at produced or exported by all respondents complete version of the Issues and Comment 14. in this investigation except the separate Decision Memorandum can be accessed rates companies. Changes to the Margin Calculations directly at http://enforcement.trade.gov/ Since the Preliminary Determination Separate Rates frn/index.html. The signed and electronic versions of the Issues and Based on the Department’s analysis of In the Preliminary Determination, we Decision Memorandum are identical in the comments received and our findings found that evidence provided by Huaan, content. at verification, we made certain changes Jinhua Yonghe, Zhejiang Yonghe, and to our margin calculations for TTI. For Sanmei supported finding an absence of Verification a discussion of these changes, see the both de jure and de facto government As provided in section 782(i) of the Issues and Decision Memorandum. control, and, therefore, we preliminarily Act, in March 2016, we verified the granted a separate rate to each of these Combination Rates companies.12 In addition, in the sales and FOP information submitted by TTI for use in our final determination. In the Initiation Notice,9 the Preliminary Determination, we found We used standard verification Department stated that it would that Daikin and Weitron are wholly procedures, including an examination of calculate combination rates for foreign-owned and do not require the relevant accounting and production respondents that are eligible for a Department to conduct further analyses records, and original source documents separate rate in this investigation. Policy of the de jure and de facto criteria to provided by TTI.5 Bulletin 05.1 describes this practice.10 determine whether Daikin or Weitron is In addition, as provided in section independent from government Final Affirmative Determination of 782(i) of the Act, in February and March control.13 We received no information Critical Circumstances, in Part since the issuance of the Preliminary 4 See Memorandum from Gary Taverman, For the Preliminary Determination, Determination that provides a basis for Associate Deputy Assistant Secretary for the Department found that critical reconsidering these determinations. Antidumping and Countervailing Duty Operations, Therefore, for the final determination, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding ‘‘Issues 6 See Memorandum to the File from Manuel Rey, we continue to find that Huaan, Jinhua Analyst, AD/CVD Operations, Office II, entitled, Yonghe, Zhejiang Yonghe, and Sanmei, and Decision Memorandum for the Final ‘‘Verification of the Responses of Huantai Dongyue Affirmative Determination in the Less-Than-Fair- Daikin, and Weitron are eligible for International Trade Co., Ltd. and Shandong Value Investigation of Hydrofluorocarbon Blends and Components Thereof from the People’s Dongyue Chemical Co., Ltd. in the Antidumping separate rates. Republic of China,’’ dated concurrently with this Duty Investigation of Hydrofluorocarbon Blends With respect to Zhejiang Lantian notice (Issues and Decision Memorandum). and Components Thereof from the People’s Environmental Protection Fluoro Republic of China,’’ dated March 25, 2016 (Dongyue 5 See Memorandum to The File, from Dennis Verification Report). Material Co., Ltd. (Lantian Fluoro), McClure and Manuel Rey, Analysts, AD/CVD 7 See Dongyue Verification Report, at 2. Lianzhou, Sinochem Lantian Trade Co., Operations, Office II, entitled ‘‘Verification of the Responses of T.T. International Co., Ltd. in the 8 See sections 782(e)(2) and (3) of the Act. Ltd. (Sinochem Lantian), Quhua, and 9 See Hydrofluorocarbon Blends and Components Antidumping Duty Investigation of Hydrofluorocarbon Blends and Components Thereof From the People’s Republic of China: 11 See Preliminary Determination, and Thereof from the People’s Republic of China’’ dated Initiation of Less-Than-Fair-Value Investigation, 80 accompanying Preliminary Decision Memorandum mstockstill on DSK3G9T082PROD with NOTICES April 6, 2016, and Memorandum to The File, from FR 43387, 43391 (July 22, 2015). at 23. Dennis McClure and Manuel Rey, Analysts, AD/ 10 See Enforcement and Compliance’s Policy 12 Id., and accompanying Preliminary Decision CVD Operations, Office II, entitled ‘‘Verification of Bulletin No. 05.1, regarding, ‘‘Separate-Rates Memorandum at 20–23. We also assigned Dongyue the Responses of Sinochem Environmental Practice and Application of Combination Rates in and TTI separate rates. See Preliminary Protection Chemicals (Taicang) Co., Ltd. in the Antidumping Investigations involving Non-Market Determination, 81 FR at 5099. However, we now Antidumping Duty Investigation of Economy Countries,’’ (April 5, 2005) (Policy find that Dongyue is no longer eligible for a separate Hydrofluorocarbon Blend and Components Thereof Bulletin 05.1), available on the Department’s Web rate. See the Issues and Decision Memorandum at from the People’s Republic of China,’’ dated April site at http://enforcement.trade.gov/policy/bull05- Comment 14. 5, 2016. pdf. 13 Id. VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1

42316 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices Sinochem Environmental Protection basis of facts available. In this final Determination, we attempt to Chemicals (Taicang) Co. Ltd. (Taicang), determination, the Department has corroborate the highest margin however, we determined in the calculated a rate for TTI that is not zero, contained in the Petition (i.e., 300.30 Preliminary Determination that these de minimis, or based entirely on facts percent) by comparing it to the highest companies failed to demonstrate an available. Therefore, the Department has calculated transaction-specific margin.15 absence of de facto government control, assigned to the companies that have not We determined that the highest and, thus, the Department did not grant been individually examined, but have transaction-specific margin Lantian Fluoro, Lianzhou, Sinochem demonstrated their eligibility for a demonstrates that the Petition rate of Lantian, Quhua, and Taicang separate separate rate, a margin of 101.82 300.30 percent does not have probative rates. For this final determination, we percent, which is the rate for TTI. value. Therefore, we determined that we continue to find, based on record are unable to corroborate the 300.30 PRC-Wide Rate evidence, that Lantian Fluoro, percent rate and, consequently, we used Lianzhou, Sinochem Lantian, Quhua, In our Preliminary Determination, we TTI’s highest calculated transaction- and Taicang failed to demonstrate an found that the PRC-wide entity, which specific margin as the PRC-wide rate.16 absence of de facto government control, includes Lantian Trade, Taicang, For these same reasons, in the final and we are therefore not granting these Lantian Environmental, Quhua, and determination, we continued to base the companies separate rates. For further Lianzhou, and other PRC exporters and/ PRC-wide rate on TTI’s highest discussion of this issue, see the Issues or producers of the merchandise under transaction-specific margin, which is and Decision Memorandum at Comment consideration during the POI did not now 216.37 percent. Furthermore, there 8. respond to the Department’s quantity is no need to corroborate the selected Under section 735(c)(5)(A) of the Act, and value questionnaire. As a result, we margin because it is based on the rate for all other companies that preliminarily calculated the PRC-wide information submitted by TTI in the have not been individually examined is rate on the basis of adverse facts course of this investigation (i.e., it is not normally an amount equal to the available (AFA).14 For the final secondary information). weighted average of the estimated determination, we determined to use, as Final Determination Margins weighted-average dumping margins the AFA rate applied to the PRC-wide established for exporters and producers entity, 216.37 percent, the highest The Department determines that the individually investigated, excluding any transaction-specific dumping margin final weighted-average dumping zero and de minimis margins, and any calculated in the final determination. As margins, and cash deposit rates are as margins determined entirely on the we explained in the Preliminary follows: Weighted- average Exporter Producer margin (%) T.T. International Co., Ltd.17 ..................................... Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd ................. 101.82 T.T. International Co., Ltd. ........................................ Zhejiang Lantian Environmental Protection Fluoro Material Co. Ltd.* ............. 101.82 T.T. International Co., Ltd ......................................... Jinhua Yonghe Fluorochemical Co., Ltd ........................................................... 101.82 T.T. International Co., Ltd ......................................... Zhejiang Sanmei Chemical Industry Co., Ltd ................................................... 101.82 T.T. International Co., Ltd. ........................................ Shandong Huaan New Material Co., Ltd. ......................................................... 101.82 T.T. International Co., Ltd. ........................................ Zhejiang Zhonglan Refrigeration Technology Co., Ltd ..................................... 101.82 T.T. International Co., Ltd. ........................................ Dongyang Weihua Refrigerants Co., Ltd. ......................................................... 101.82 Daikin Fluorochemicals (China) Co., Ltd ................... Daikin Fluorochemicals (China) Co., Ltd. ......................................................... 101.82 Daikin Fluorochemicals (China) Co., Ltd ................... Arkema Daikin Advanced Fluorochemicals (Changsu) Co., Ltd. (Arkema 101.82 Daikin). ** Jinhua Yonghe Fluorochemical Co., Ltd ................... Zhejiang Yonghe Refrigerant Co., Ltd .............................................................. 101.82 Shandong Huaan New Material Co., Ltd .................. Shandong Huaan New Material Co., Ltd .......................................................... 101.82 Weitron International Refrigeration Equipment Zhejiang Lantian Environmental Protection Fluoro Material Co., Ltd ............... 101.82 (Kunshan) Co., Ltd. Weitron International Refrigeration Equipment Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd ................. 101.82 (Kunshan) Co., Ltd. Weitron International Refrigeration Equipment Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd ............................................ 101.82 (Kunshan) Co., Ltd. Weitron International Refrigeration Equipment Zhejiang Sanmei Chemical Industry Co., Ltd ................................................... 101.82 (Kunshan) Co., Ltd. Zhejiang Yonghe Refrigerant Co., Ltd ...................... Jinhua Yonghe Fluorochemical Co., Ltd ........................................................... 101.82 Zhejiang Sanmei Chemical Industry Co., Ltd. Zhejiang Sanmei Chemical Industry Co., Ltd. (Zhejiang Sanmei Chemical In- 101.82 (Zhejiang Sanmei Chemical Industry Co., Ltd.). *** dustry Co., Ltd.). *** Zhejiang Sanmei Chemical Industry Co., Ltd. Jiangsu Sanmei Chemicals Co., Ltd ................................................................. 101.82 (Zhejiang Sanmei Chemical Industry Co., Ltd.). *** PRC-Wide Entity 18 .................................................... ............................................................................................................................ 216.37 * In the Preliminary Determination, we used an incorrect name for TTI’s supplier Zhejiang Lantian Environmental Protection Fluoro Material Co. Ltd. (i.e., Zhejiang Lantian Environmental Protection Flourine Materials Co. Ltd.). For further discussion, see the Issues and Decision Memo- randum at Comment 12. mstockstill on DSK3G9T082PROD with NOTICES ** In the Preliminary Determination, we failed to assign a combination rate to this producer/exporter combination for Daikin. For further discus- sion, see the Issues and Decision Memorandum at Comment 12. *** In the Preliminary Determination, we failed to include the name by which Sanmei is also known in Sanmei’s producer/exporter combination rates. For further discussion, see the Issues and Decision Memorandum at Comment 12. 14 Id., at 25. specific margins for both Dongyue and TTI, finding specific margins for TTI in our comparison because 15 Inthe Preliminary Determination, we compared TTI’s to be the highest. Id. However, in the final we find Dongyue to be part of the PRC-wide entity. the highest Petition margin to the transaction- determination, we used only the transaction- 16 Id., at 27–28. VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1

Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices 42317 Disclosure (2) for all combinations of PRC those blends thereof, whether or not exporters/producers of merchandise imported for blending. HFC blends covered We intend to disclose to parties in by the scope are R–404A, a zeotropic mixture this proceeding the calculations under consideration which have not consisting of 52 percent 1,1,1 performed for this final determination received their own separate rate above, Trifluoroethane, 44 percent within five days of the date of public the cash deposit rate will be equal to the Pentafluoroethane, and 4 percent 1,1,1,2- announcement of our final dumping margin established for the Tetrafluoroethane; R–407A, a zeotropic determination, in accordance with 19 PRC-wide entity; and (3) for all non-PRC mixture of 20 percent Difluoromethane, 40 CFR 351.224(b). exporters of merchandise under percent Pentafluoroethane, and 40 percent consideration which have not received 1,1,1,2-Tetrafluoroethane; R–407C, a Continuation of Suspension of their own separate rate above, the cash zeotropic mixture of 23 percent Liquidation deposit rate will be equal to the cash Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2- In accordance with section deposit rate applicable to the PRC Tetrafluoroethane; R–410A, a zeotropic 735(c)(1)(B) of the Act, the Department exporter/producer combination that mixture of 50 percent Difluoromethane and will instruct U.S. Customs and Border supplied that non-PRC exporter. The 50 percent Pentafluoroethane; and R–507A, Protection (CBP) to continue to suspend suspension of liquidation instructions an azeotropic mixture of 50 percent liquidation of all appropriate entries of will remain in effect until further notice. Pentafluoroethane and 50 percent 1,1,1- HFCs from the PRC for the companies Trifluoroethane also known as R–507. The International Trade Commission foregoing percentages are nominal receiving a separate rate which were Notification percentages by weight. Actual percentages of entered, or withdrawn from warehouse, single component refrigerants by weight may for consumption on or after February 1, In accordance with section 735(d) of the Act, we will notify the U.S. vary by plus or minus two percent points 2016, the date of publication of the from the nominal percentage identified preliminary determination of this International Trade Commission (ITC) of above.19 investigation in the Federal Register. our final determination. As our final The single component HFCs covered by the For entries made by TTI and the PRC- determination is affirmative, in scope are R–32, R–125, and R–143a. R–32 or wide entity, in accordance with section accordance with section 735(b)(2) of the Difluoromethane has the chemical formula 735(c)(4)(B) of the Act, because we Act, the ITC will determine within 45 CH2F2, and is registered as CAS No. 75–10– days whether the domestic industry in 5. It may also be known as HFC–32, FC–32, continue to find that critical Freon-32, Methylene difluoride, Methylene circumstances exist, we will instruct the United States is materially injured, or threatened with material injury, by fluoride, Carbon fluoride hydride, halocarbon CBP to continue to suspend liquidation R32, fluorocarbon R32, and UN 3252. R–125 of all appropriate entries of HFCs from reason of imports or sales (or the or 1,1,1,2,2-Pentafluoroethane has the the PRC which were entered, or likelihood of sales) for importation of chemical formula CF3CHF2 and is registered withdrawn from warehouse, for the subject merchandise. If the ITC as CAS No. 354–33–6. R–125 may also be consumption on or after November 3, determines that such injury exists, the known as R–125, HFC–125, 2015, which is 90 days prior to the date Department will issue an antidumping Pentafluoroethane, Freon 125, and Fc-125, R– duty order directing CBP to assess, upon 125. R–143a or 1,1,1-Trifluoroethane has the of publication of the preliminary chemical formula CF3CH3 and is registered determination of this investigation in further instruction by the Department, antidumping duties on all imports of the as CAS No. 420–46–2. R–143a may also be the Federal Register. Finally, because known as R–143a, HFC–143a, we now find that Dongyue is part of the subject merchandise entered, or Methylfluoroform, 1,1,1-Trifluoroform, and PRC-wide entity, we will also instruct withdrawn from warehouse, for UN2035. CBP to suspend liquidation of all consumption on or after the effective Also included are semi-finished blends of appropriate entries of HFCs from the date of the suspension of liquidation. Chinese HFC components. Except as described below, semi-finished blends are PRC from Dongyue which were entered, Return or Destruction of Proprietary blends of two Chinese HFCs components or withdrawn from warehouse, for Information (i.e., R–32, R–125, and R–143a), as well as consumption on or after November 3, This notice will serve as a reminder blends of any one of these components with 2015, in accordance with section to parties subject to administrative Chinese R–134a, that are used to produce the 735(c)(4)(B) of the Act. protective order (APO) of their subject HFC blends that have not been Further, pursuant to section blended to the specific proportions required responsibility concerning the to meet the definition of one of the subject 735(c)(1)(B)(ii) of the Act, the disposition of proprietary information Department will instruct CBP to require HFC blends described above (R–404A, R– disclosed under APO in accordance 407A, R–407C, R–410A, and R–507A). a cash deposit equal to the amount by with 19 CFR 351.305(a)(3). Timely This investigation includes any Chinese which normal value exceeds U.S. price written notification of the destruction of HFC components (i.e., R–32, R–125, and R– as follows: (1) For the exporter/producer APO materials or conversion to judicial combinations listed in the table above, protective order is hereby requested. 19 R–404A is sold under various trade names, the cash deposit rate will be equal to the Failure to comply with the regulations including Forane® 404A, Genetron® 404A, dumping margin which the Department Solkane® 404A, Klea® 404A, and Suva®404A. R– and the terms of an APO is a 407A is sold under various trade names, including determined in this final determination; sanctionable violation. Forane® 407A, Solkane® 407A, Klea®407A, and We are issuing and publishing this Suva®407A. R–407C is sold under various trade 17 In this investigation, the Department determination and notice in accordance names, including Forane® 407C, Genetron® 407C, determined to treat T.T. International, Ltd. (Dalian) Solkane® 407C, Klea® 407C and Suva® 407C. R– and T.T. International Ltd. (Hong Kong) as a single with sections 735(d) and 777(i) of the 410A is sold under various trade names, including entity (i.e., T.T. International Co., Ltd. or TTI) for Act. EcoFluor R410, Forane® 410A, Genetron® R410A purposes of this antidumping duty proceeding. See and AZ–20, Solkane® 410A, Klea® 410A, Suva® mstockstill on DSK3G9T082PROD with NOTICES the memorandum to Melissa G. Skinner, Director, Dated: June 21, 2016. 410A, and Puron®. R–507A is sold under various Office II, from Dennis McClure, International Trade Ronald K. Lorentzen, trade names, including Forane® 507, Solkane® 507, Analyst, entitled, ‘‘Antidumping Duty Investigation Acting Assistant Secretary for Enforcement Klea®507, Genetron®AZ–50, and Suva®507. R–32 is of Hydrofluorocarbons from the People’s Republic sold under various trade names, including and Compliance. of China: Affiliation and Single Entity Status,’’ Solkane®32, Forane®32, and Klea®32. R–125 is sold dated concurrently with this determination. Appendix I—Scope of the Investigation under various trade names, including Solkane®125, 18 This also includes Dongyue, Lantian Trade, Klea®125, Genetron®125, and Forane®125. R–143a Taicang, Lantian Environmental, Quhua, and The products subject to this investigation is sold under various trade names, including Lianzhou. are HFCs and single HFC components of Solkane®143a, Genetron®143a, and Forane®125. VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1

42318 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices 143a), as well as Chinese R–134a,20 that are 8. Companies Owned by a State-Owned Light Street, Baltimore, MD 21202; blended in a third country to produce a Enterprise telephone: 410–234–0550. subject HFC blend before being imported into 9. Authority to Base the PRC-Wide Rate on Council address: Mid-Atlantic Fishery the United States. Chinese R–134a is not AFA Management Council, 800 N. State subject to the scope of this investigation 10. Rejection of Qingsong’s Quantity and unless it is blended with another Chinese Value and Separate Rates Responses Street, Suite 201, Dover, DE 19901; HFC component (i.e., R–32, R–125, and R– 11. Rate Assigned to Separate Rates telephone: (302) 674–2331 or on their 143a) into a subject blend or semi-finished Companies Web site at www.mafmc.org. blend before being imported into the United 12. Ministerial Errors in Certain FOR FURTHER INFORMATION CONTACT: States. Combination Rates Christopher M. Moore, Ph.D., Executive Any blend or semi-finished blend that 13. Verification Failure for Dongyue Director, Mid-Atlantic Fishery includes an HFC component other than R–32, 14. The Margin Assigned to Dongyue 15. Moot Arguments for Dongyue Management Council, telephone: (302) R–125, R–143a, or R–134a is excluded from the scope of this investigation. Furthermore, 16. AFA for TTI 526–5255. semi-finished blends do not include any 17. Whether TTI or its Supplier is the SUPPLEMENTARY INFORMATION: blends containing both HFCs R–32 and R– Respondent 143a. Single-component HFCs and semi- 18. Value Added Tax Paid by the Suppliers Agenda finished HFC blends are not excluded from 19. Selling Expenses Incurred by TT Hong Agenda items to be discussed at the the scope of this investigation when blended Kong SSC meeting include: Review fishery with HFCs from non-subject countries. 20. Freight Expenses Paid to a Non-Market performance report and multi-year ABC Excluded from this investigation are blends Economy Provider 21. Movement Expenses Paid by the specifications for summer flounder, of refrigerant chemicals that include products other than HFCs, such as blends including Suppliers scup, black sea bass and bluefish; chlorofluorocarbons (CFCs), 22. Zip Codes Used in the Differential MAFMC risk policy and assignment of hydrochlorofluorocarbons (HCFCs), Pricing Analysis CVs for Mid-Atlantic assessments; and, hydrocarbons (HCs), or hydrofluoroolefins 23. Factors of Production (FOPs) Reported if time permits, review and discuss the (HFOs). Based on the Accounting or Calendar Council’s EAFM Guidance Document. Also excluded from this investigation are Month patented HFC blends, including, but not 24. FOPs for Catalyst Special Accommodations limited to, ISCEON® blends, including 25. Energy FOPs These meetings are physically MO99TM (R–438A), MO79 (R–422A), MO59 26. Granting a By-Product Offset for Hydrochloric Acid (HCL) and Hydrogen accessible to people with disabilities. (R–417A), MO49PlusTM (R–437A) and Requests for sign language MO29TM (R–4 22D), Genetron® PerformaxTM Fluoride 27. Whether the By-Product Adjustment interpretation or other auxiliary aids LT (R–407F), Choice® R–421A, and Choice® R–421B. Should be Based on Sales or Production should be directed to M. Jan Saunders, HFC blends covered by the scope of this Quantity (302) 526–5251, at least 5 days prior to investigation are currently classified in the 28. Surrogate Value for HCL the meeting date. Harmonized Tariff Schedule of the United 29. Surrogate Value for Anhydrous Hydrogen Fluoride Authority: 16 U.S.C. 1801 et seq. States (HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Single component HFCs 30. Surrogate Financial Statements Dated: June 24, 2016. are currently classified at subheadings 31. Margin Calculation Errors Tracey L. Thompson, 2903.39.2035 and 2903.39.2045, HTSUS.21 VIII. Recommendation Acting Director, Office of Sustainable Although the HTSUS subheadings and CAS [FR Doc. 2016–15298 Filed 6–28–16; 8:45 am] Fisheries, National Marine Fisheries Service. registry numbers are provided for BILLING CODE 3510–DS–P [FR Doc. 2016–15367 Filed 6–28–16; 8:45 am] convenience and customs purposes, the BILLING CODE 3510–22–P written description of the scope is dispositive. DEPARTMENT OF COMMERCE Appendix II—List of Topics Discussed DEPARTMENT OF COMMERCE in the Issues and Decision National Oceanic and Atmospheric Memorandum Administration National Oceanic and Atmospheric RIN 0648–XE702 Administration I. Summary II. Background RIN 0648–XE498 III. Scope of Investigation Mid-Atlantic Fishery Management IV. Scope Comments Council (MAFMC); Meeting Takes of Marine Mammals Incidental to V. Use of Adverse Facts Available AGENCY: National Marine Fisheries Specified Activities; Taking Marine VI. Margin Calculations Mammals Incidental to the Installation Service (NMFS), National Oceanic and VII. Discussion of Issues of the Block Island Wind Farm Export 1. Number of Classes or Kinds of Atmospheric Administration (NOAA), Commerce. and Inter-Array Cables Merchandise 2. Addition of the Word ‘‘Refrigerants’’ ACTION: Notice of a public meeting. AGENCY: National Marine Fisheries 3. Semi-Finished Blends Service (NMFS), National Oceanic and 4. Third Country Blending SUMMARY: The Scientific and Statistical Committee (SSC) of the Mid-Atlantic Atmospheric Administration (NOAA), 5. Patented Blends and Non-Named HFC Blends Fishery Management Council (Council) Commerce. 6. Voluntary Respondents will meet July 20, 2016, through July 21, ACTION: Notice; issuance of an incidental 7. Critical Circumstances 2016. harassment authorization. mstockstill on DSK3G9T082PROD with NOTICES DATES: The meeting will begin at 10 a.m. SUMMARY: In accordance with 20 However, if the only Chinese content of such a third country blend is the R–134a portion, then on Wednesday July 20, 2016, and end at regulations implementing the Marine such a third country blend is excluded from the 12 p.m. on Thursday, July 21, 2016. For Mammal Protection Act (MMPA), scope of this investigation. agenda details, see SUPPLEMENTARY notification is hereby given that NMFS 21 We note that HFC blends were classified at INFORMATION. has issued an Incidental Harassment HTSUS subheading 3824.78.0000 and single component HFCs were classified at HTSUS ADDRESSES: The meeting will be held at Authorization (IHA) to Deepwater Wind subheading 2903.39.2030 in 2015. the Royal Sonesta Harbor Court, 550 Block Island, LLC (DWBI) to take marine VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1


Document Created: 2018-02-08 07:43:02
Document Modified: 2018-02-08 07:43:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: June 29, 2016.
ContactElizabeth Eastwood or Dennis McClure, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3874 or (202) 482-5973.
FR Citation81 FR 42314 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR