81 FR 69786 - 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Determination of Sales at Less-Than-Fair Value and Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 195 (October 7, 2016)
International Trade Administration
Federal Register Volume 81, Issue 195 (October 7, 2016)
| Page Range | 69786-69788 | |
| FR Document | 2016-24358 |
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)] [Notices] [Pages 69786-69788] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24358] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-044] 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Determination of Sales at Less-Than-Fair Value and Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective October 7, 2016. SUMMARY: The Department of Commerce (``Department'') preliminarily determines that 1,1,1,2-Tetrafluoroethane (``R-134a'') from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''). The period of investigation (``POI'') is July 1, 2015, through December 31, 2015. The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. The final determination will be issued 75 days after publication of this preliminary determination in the Federal Register. Interested parties are invited to comment on this preliminary determination. FOR FURTHER INFORMATION CONTACT: Keith Haynes or Paul Stolz, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5139 or, (202) 482-4474 respectively. SUPPLEMENTARY INFORMATION: Scope of the Investigation The product subject to this investigation is 1,1,1,2- Tetrafluoroethane, R-134a. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I. Methodology The Department is conducting this investigation in accordance with section 731 of the Tariff Act of 1930, as amended (``the Act''). We calculated export prices in accordance with section 772 of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, normal value (``NV'') was calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum hereby adopted by this notice.\1\ The Preliminary 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 https://access.trade.gov, and 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 Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See ``Decision Memorandum for Preliminary Determination for the Antidumping Duty Investigation of 1,1,1,2-Tetrafluoroethane (R- 134a) from the People's Republic of China,'' dated concurrently with this notice (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- Preliminary Affirmative Determination of Critical Circumstances On September 9, 2016, Petitioners filed a timely critical circumstances allegation pursuant to section 733(e)(1) of the Act and 19 CFR 351.206 with respect to imports of the subject merchandise.\2\ We preliminarily determine that critical circumstances exist for the non-selected separate rate respondents and the PRC-wide entity, but do not exist for the mandatory respondent, Zhejiang Sanmei Chemical Industry Co., Ltd.\3\ For a full description of the methodology and the results of our analysis, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \2\ See Petitioners' letter, ``1.1.1.2 Tetrafluoroethane (R- 134a) from the People's Republic of China: Critical Circumstances Allegation,'' dated September 9, 2016. \3\ See Preliminary Decision Memorandum at ``Application of Facts Available and Adverse Inferences.'' --------------------------------------------------------------------------- Use of Adverse Facts Available The Department preliminarily finds that the PRC-wide entity, which includes certain PRC exporters and/or producers that did not respond to the Department's requests for information, withheld information requested by the Department and significantly impeded this proceeding by not submitting requested information. Specifically, 26 companies within the PRC-wide entity failed to respond to the Department's request for quantity and value (``Q&V'') information.\4\ Furthermore, the Department finds that the PRC-wide entity's lack of participation, including the failure of certain parts of the PRC-wide entity to submit Q&V information, constitutes circumstances under which it is reasonable to conclude that the PRC-wide entity as a whole failed to cooperate to the best of its ability to comply with the Department's request for information.\5\ --------------------------------------------------------------------------- \4\ Id. \5\ See Nippon Steel Corporation v. United States, 337 F.3d 1373, 1383 (Fed. Cir. 2003) (noting that the Department need not show intentional conduct existed on the part of the respondent, but merely that a ``failure to cooperate to the best of a respondent's ability'' existed (i.e., information was not provided ``under circumstances in which it is reasonable to conclude that less than full cooperation has been shown.'')). --------------------------------------------------------------------------- Therefore, we preliminarily find that an adverse inference is warranted in selecting from among the facts otherwise available with respect to the PRC-wide entity in accordance with sections 776(a) and 776(b) of the Act and 19 CFR 351.308(a). As adverse facts available, we have preliminarily assigned the PRC-wide entity a rate of 187.71 percent. Further, with respect to critical circumstances, we have preliminarily determined, again, based on adverse facts available, that the PRC-wide entity dumped ``massive imports'' over a ``relatively short period.'' For further explanation and analysis, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,\6\ the Department stated that it would calculate combination rates for the respondents that are eligible for a [[Page 69787]] separate rate in this investigation. Policy Bulletin 05.1 describes this practice.\7\ --------------------------------------------------------------------------- \6\ See 1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 18830 (April 1, 2016) (``Initiation Notice''). \7\ 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/bull05-1.pdf. --------------------------------------------------------------------------- Preliminary Determination The preliminary weighted-average antidumping duty (``AD'') margin percentages are as follows: ------------------------------------------------------------------------ Weighted- Average Exporter Producer Margin (percent) ------------------------------------------------------------------------ Zhejiang Sanmei Chemical Industry Zhejiang Sanmei 137.23 Co., Ltd. Chemical Industry Co., Ltd. and Jiangsu Sanmei Chemicals Co., Ltd. Jiangsu Bluestar Green Technology Jiangsu Bluestar Green 137.23 Co., Ltd. Technology Co., Ltd. T.T. International Co., Ltd....... Electrochemical Factory 137.23 of Zhejiang Juhua Co., Ltd. T.T. International Co., Ltd....... Sinochem Environmental 137.23 Protection Chemicals (Taicang) Co., Ltd. T.T. International Co., Ltd....... Zhejiang Quzhou 137.23 Lianzhou Refrigerants Co., Ltd. T.T. International Co., Ltd....... Zhejiang Sanmei 137.23 Chemical Ind. Co., Ltd. T.T. International Co., Ltd....... Zhejiang Zhonglan 137.23 Refrigeration Technology Co., Ltd. Weitron International Sinochem Environmental 137.23 Refrigeration Equipment Co., Ltd. Protection Chemicals (Taicang) Co., Ltd. Weitron International Weitron International 137.23 Refrigeration Equipment Co., Ltd. Refrigeration Equipment Co., Ltd. Weitron International Zhejiang Organic Fluor- 137.23 Refrigeration Equipment Co., Ltd. Chemistry Plant, Zhejiang Juhua Co., Ltd. Weitron International Zhejiang Quhua Fluor- 137.23 Refrigeration Equipment Co., Ltd. Chemistry Co., Ltd. Weitron International Zhejiang Quhua Juxin 137.23 Refrigeration Equipment Co., Ltd. Fluorochemical Industry Co., Ltd. Weitron International Zhejiang Sanmei 137.23 Refrigeration Equipment Co., Ltd. Chemical Industry Co., Ltd. PRC-Wide Entity................... ....................... 188.94 ------------------------------------------------------------------------ As detailed further in the Preliminary Decision Memorandum, Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd., a mandatory respondent in this investigation, did not demonstrate that it was entitled to a separate rate. Accordingly, we consider this company to be part of the PRC-wide entity. Suspension of Liquidation In accordance with section 733(d) of the Act the Department will instruct U.S. Customs and Border Protection (``CBP'') to suspend liquidation of all entries of R-134a from the PRC, as described in the ``Scope of the Investigation'' in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. We preliminarily find that critical circumstances exist for imports of R-134a from the PRC produced and exported by the separate rate respondents, and the PRC- wide entity. Accordingly, for the separate rate respondents and the PRC-wide entity, in accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit \8\ equal to the weighted-average amount by which NV exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combinations listed in the table above will be the rate the Department determines in this preliminary determination; (2) for all combinations of PRC exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate 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 the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\9\ A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department. --------------------------------------------------------------------------- \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically at Enforcement and Compliance's electronic records system, ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.\10\ Hearing requests should contain the party's name, address, and telephone number, the number of [[Page 69788]] participants, and a list of the issues you intend to present at the hearing. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On September 29, 2016, pursuant to 19 CFR 351.210(b) and (e), Sanmei requested that, contingent upon an affirmative preliminary determination of sales at LTFV for the respondents, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\11\ --------------------------------------------------------------------------- \11\ See Letter from Sanmei, ``1,1,1,2-Tetrafluoroethane (R134a) from the People's Republic of China: Request for Extension to Supplemental Section C&D Response,'' dated September 29, 2016. --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\12\ --------------------------------------------------------------------------- \12\ See also 19 CFR 351.210(e). --------------------------------------------------------------------------- International Trade Commission (``ITC'') Notification In accordance with section 733(f) of the Act, we notified the ITC of our preliminary affirmative determination of sales at LTFV. Section 735(b)(2) of the Act requires the ITC to make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of R- 134a, or sales (or the likelihood of sales) for importation, of the merchandise under consideration within 45 days of our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: September 29, 2016. Paul Piquado, Assistant Secretary, for Enforcement and Compliance. Appendix I Scope of the Investigation The product subject to this investigation is 1,1,1,2- Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2- Tetrafluoroethane is CF3 -CH2 F, and the Chemical Abstracts Service registry number is CAS 811-97-2.\13\ --------------------------------------------------------------------------- \13\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a (Honeywell); FreonTM 134a, Suva 134a, Dymel 134a, and Dymel P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon 134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159. --------------------------------------------------------------------------- Merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule of the United States (``HTSUS'') at subheading 2903.39.2020. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Selection of Respondents IV. Period of Investigation V. Scope Comments VI. Scope of the Investigation VII. Postponement of Preliminary Determination VIII. Postponement of Final Determination and Extension of Provisional Measures IX. Product Characteristics X. Critical Circumstances XI. Affiliation Determination XII. Discussion of the Methodology A. Non-Market Economy Country B. Separate Rates C. Separate Rate Recipients D. Companies Not Receiving a Separate Rate E. Margin for the Separate Rate Companies F. Combination Rates G. The PRC-wide Entity H. Application of Facts Available and Adverse Facts Available I. Surrogate Country and Surrogate Value Data J. Date of Sale K. Fair Value Comparisons L. Export Price M. Value-Added Tax N. Normal Value O. Factor Valuations P. Comparisons to Normal Value Q. Currency Conversion XIII. Verification XIV. U.S. International Trade Commission Notification XV. Conclusion [FR Doc. 2016-24358 Filed 10-6-16; 8:45 am] BILLING CODE 3510-DS-P
![69786 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices
list of completed scope and Scope of the Investigation Industry Co., Ltd.3 For a full description
anticircumvention inquiries. Any of the methodology and the results of
comments should be submitted to the The product subject to this our analysis, see the Preliminary
Deputy Assistant Secretary for AD/CVD investigation is 1,1,1,2- Decision Memorandum.
Operations, Enforcement and Tetrafluoroethane, R-134a. For a full
Compliance, International Trade description of the scope of this Use of Adverse Facts Available
Administration, 14th Street and investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I. The Department preliminarily finds
Constitution Avenue NW., APO/Dockets that the PRC-wide entity, which
Unit, Room 1870, Washington, DC Methodology includes certain PRC exporters and/or
20230. producers that did not respond to the
This notice is published in The Department is conducting this Department’s requests for information,
accordance with 19 CFR 351.225(o). investigation in accordance with section withheld information requested by the
Dated: September 22, 2016. 731 of the Tariff Act of 1930, as Department and significantly impeded
Christian Marsh, amended (‘‘the Act’’). We calculated this proceeding by not submitting
export prices in accordance with section requested information. Specifically, 26
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations. 772 of the Act. Because the PRC is a companies within the PRC-wide entity
non-market economy within the failed to respond to the Department’s
[FR Doc. 2016–24357 Filed 10–6–16; 8:45 am]
meaning of section 771(18) of the Act, request for quantity and value (‘‘Q&V’’)
BILLING CODE 3510–DS–P
normal value (‘‘NV’’) was calculated in information.4 Furthermore, the
accordance with section 773(c) of the Department finds that the PRC-wide
DEPARTMENT OF COMMERCE Act. entity’s lack of participation, including
For a full description of the the failure of certain parts of the PRC-
International Trade Administration methodology underlying our wide entity to submit Q&V information,
conclusions, see the Preliminary constitutes circumstances under which
[A–570–044] Decision Memorandum hereby adopted it is reasonable to conclude that the
by this notice.1 The Preliminary PRC-wide entity as a whole failed to
1,1,1,2-Tetrafluoroethane (R-134a) Decision Memorandum is a public cooperate to the best of its ability to
From the People’s Republic of China: document and is on file electronically comply with the Department’s request
Preliminary Determination of Sales at via Enforcement and Compliance’s for information.5
Less-Than-Fair Value and Affirmative Antidumping and Countervailing Duty Therefore, we preliminarily find that
Determination of Critical Centralized Electronic Service System an adverse inference is warranted in
Circumstances, in Part, and (‘‘ACCESS’’). ACCESS is available to selecting from among the facts
Postponement of Final Determination registered users at https:// otherwise available with respect to the
access.trade.gov, and is available to all PRC-wide entity in accordance with
AGENCY: Enforcement and Compliance, parties in the Central Records Unit,
International Trade Administration, sections 776(a) and 776(b) of the Act
Room B8024 of the main Department of and 19 CFR 351.308(a). As adverse facts
Department of Commerce. Commerce building. In addition, a available, we have preliminarily
DATES: Effective October 7, 2016. complete version of the Preliminary assigned the PRC-wide entity a rate of
SUMMARY: The Department of Commerce Decision Memorandum can be accessed 187.71 percent. Further, with respect to
(‘‘Department’’) preliminarily at http://enforcement.trade.gov/frn/. critical circumstances, we have
determines that 1,1,1,2- The signed Preliminary Decision preliminarily determined, again, based
Tetrafluoroethane (‘‘R-134a’’) from the Memorandum and the electronic on adverse facts available, that the PRC-
People’s Republic of China (‘‘PRC’’) is version of the Preliminary Decision wide entity dumped ‘‘massive imports’’
being, or is likely to be, sold in the Memorandum are identical in content. over a ‘‘relatively short period.’’ For
United States at less than fair value further explanation and analysis, see the
(‘‘LTFV’’). The period of investigation Preliminary Affirmative Determination
of Critical Circumstances Preliminary Decision Memorandum.
(‘‘POI’’) is July 1, 2015, through
December 31, 2015. The estimated Combination Rates
On September 9, 2016, Petitioners
margins of sales at LTFV are shown in filed a timely critical circumstances
the ‘‘Preliminary Determination’’ In the Initiation Notice,6 the
allegation pursuant to section 733(e)(1) Department stated that it would
section of this notice. The final of the Act and 19 CFR 351.206 with
determination will be issued 75 days calculate combination rates for the
respect to imports of the subject respondents that are eligible for a
after publication of this preliminary merchandise.2 We preliminarily
determination in the Federal Register. determine that critical circumstances 3 See Preliminary Decision Memorandum at
Interested parties are invited to exist for the non-selected separate rate ‘‘Application of Facts Available and Adverse
comment on this preliminary respondents and the PRC-wide entity, Inferences.’’
determination. but do not exist for the mandatory 4 Id.
5 See Nippon Steel Corporation v. United States,
FOR FURTHER INFORMATION CONTACT: respondent, Zhejiang Sanmei Chemical
337 F.3d 1373, 1383 (Fed. Cir. 2003) (noting that the
Keith Haynes or Paul Stolz, AD/CVD Department need not show intentional conduct
Operations, Office V, Enforcement and 1 See ‘‘Decision Memorandum for Preliminary existed on the part of the respondent, but merely
mstockstill on DSK3G9T082PROD with NOTICES
Compliance, International Trade Determination for the Antidumping Duty that a ‘‘failure to cooperate to the best of a
Investigation of 1,1,1,2-Tetrafluoroethane (R-134a) respondent’s ability’’ existed (i.e., information was
Administration, U.S. Department of from the People’s Republic of China,’’ dated not provided ‘‘under circumstances in which it is
Commerce, 14th Street and Constitution concurrently with this notice (‘‘Preliminary reasonable to conclude that less than full
Avenue NW., Washington, DC 20230; Decision Memorandum’’). cooperation has been shown.’’)).
telephone: (202) 482–5139 or, (202) 2 See Petitioners’ letter, ‘‘1.1.1.2 6 See 1,1,1,2-Tetrafluoroethane (R–134a) from the
482–4474 respectively. Tetrafluoroethane (R-134a) from the People’s People’s Republic of China: Initiation of Less-Than-
Republic of China: Critical Circumstances Fair-Value Investigation, 81 FR 18830 (April 1,
SUPPLEMENTARY INFORMATION: Allegation,’’ dated September 9, 2016. 2016) (‘‘Initiation Notice’’).
VerDate Sep<11>2014 17:36 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1](https://thefederalregister.org/doc/81_FR_69981/page/1.svg)
![69788 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices
participants, and a list of the issues you International Trade Commission D. Companies Not Receiving a Separate
intend to present at the hearing. If a (‘‘ITC’’) Notification Rate
request for a hearing is made, the E. Margin for the Separate Rate Companies
In accordance with section 733(f) of F. Combination Rates
Department intends to hold the hearing the Act, we notified the ITC of our G. The PRC-wide Entity
at the U.S. Department of Commerce, preliminary affirmative determination of H. Application of Facts Available and
14th Street and Constitution Avenue sales at LTFV. Section 735(b)(2) of the Adverse Facts Available
NW., Washington, DC 20230, at a time Act requires the ITC to make its final I. Surrogate Country and Surrogate Value
and location to be determined. Parties determination as to whether the Data
should confirm by telephone the date, J. Date of Sale
domestic industry in the United States
time, and location of the hearing two K. Fair Value Comparisons
is materially injured, or threatened with L. Export Price
days before the scheduled date. material injury, by reason of imports of M. Value-Added Tax
R–134a, or sales (or the likelihood of N. Normal Value
Postponement of Final Determination
sales) for importation, of the O. Factor Valuations
and Extension of Provisional Measures P. Comparisons to Normal Value
merchandise under consideration
Section 735(a)(2) of the Act provides within 45 days of our final Q. Currency Conversion
determination. XIII. Verification
that a final determination may be XIV. U.S. International Trade Commission
postponed until not later than 135 days This determination is issued and
Notification
after the date of the publication of the published in accordance with sections XV. Conclusion
preliminary determination if, in the 733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c). [FR Doc. 2016–24358 Filed 10–6–16; 8:45 am]
event of an affirmative preliminary BILLING CODE 3510–DS–P
determination, a request for such Dated: September 29, 2016.
postponement is made by exporters who Paul Piquado,
account for a significant proportion of Assistant Secretary, for Enforcement and DEPARTMENT OF COMMERCE
exports of the subject merchandise, or in Compliance.
the event of a negative preliminary National Institute of Standards and
Appendix I
determination, a request for such Technology
postponement is made by Petitioners. 19 Scope of the Investigation
CFR 351.210(e)(2) requires that requests The product subject to this investigation is Judges Panel of the Malcolm Baldrige
by respondents for postponement of a 1,1,1,2-Tetrafluoroethane, R–134a, or its National Quality Award
final antidumping determination be chemical equivalent, regardless of form, type,
or purity level. The chemical formula for AGENCY: National Institute of Standards
accompanied by a request for extension 1,1,1,2-Tetrafluoroethane is CF3-CH2F, and and Technology, Department of
of provisional measures from a four- the Chemical Abstracts Service registry Commerce.
month period to a period not more than number is CAS 811–97–2.13 ACTION: Notice of closed meeting.
six months in duration. Merchandise covered by the scope of this
investigation is currently classified in the SUMMARY: The Judges Panel of the
On September 29, 2016, pursuant to
Harmonized Tariff Schedule of the United Malcolm Baldrige National Quality
19 CFR 351.210(b) and (e), Sanmei States (‘‘HTSUS’’) at subheading Award (Judges Panel) will meet in
requested that, contingent upon an 2903.39.2020. Although the HTSUS closed session Sunday, October 30, 2016
affirmative preliminary determination of subheading and CAS registry number are through Friday, November 4, 2016, from
sales at LTFV for the respondents, the provided for convenience and customs
8:30 a.m. until 5:30 p.m. Eastern time
Department postpone the final purposes, the written description of the
scope is dispositive. each day. The purpose of this meeting
determination and that provisional is to review recommendations from site
measures be extended to a period not to List of Topics Discussed in the Preliminary visits, and recommend 2016 Malcolm
exceed six months.11 Decision Memorandum
Baldrige National Quality Award
In accordance with section I. Summary recipients. The meeting is closed to the
735(a)(2)(A) of the Act and 19 CFR II. Background public in order to protect the
III. Selection of Respondents
351.210(b)(2)(ii), because (1) our proprietary data to be examined and
IV. Period of Investigation
preliminary determination is V. Scope Comments discussed at the meeting.
affirmative; (2) the requesting exporter VI. Scope of the Investigation DATES: The meeting will be held
accounts for a significant proportion of VII. Postponement of Preliminary Sunday, October 30, 2016 through
exports of the subject merchandise; and Determination Friday, November 4, 2016, from 8:30
(3) no compelling reasons for denial VIII. Postponement of Final Determination a.m. until 5:30 p.m. Eastern time each
exist, we are postponing the final and Extension of Provisional Measures day. The entire meeting will be closed
IX. Product Characteristics to the public.
determination and extending the
X. Critical Circumstances
provisional measures from a four-month XI. Affiliation Determination ADDRESSES: The meeting will be held at
period to a period not greater than six XII. Discussion of the Methodology the National Institute of Standards and
months. Accordingly, we will make our A. Non-Market Economy Country Technology, 100 Bureau Drive,
final determination no later than 135 B. Separate Rates Gaithersburg, MD 20899.
days after the date of publication of this C. Separate Rate Recipients FOR FURTHER INFORMATION CONTACT:
preliminary determination, pursuant to Robert Fangmeyer, Director, Baldrige
mstockstill on DSK3G9T082PROD with NOTICES
13 1,1,1,2-Tetrafluoroethane is sold under a
section 735(a)(2) of the Act.12 Performance Excellence Program,
number of trade names including Klea 134a and
Zephex 134a (Mexichem Fluor); Genetron 134a National Institute of Standards and
11 See Letter from Sanmei, ‘‘1,1,1,2-
(Honeywell); FreonTM 134a, Suva 134a, Dymel Technology, 100 Bureau Drive, Mail
Tetrafluoroethane (R134a) from the People’s 134a, and Dymel P134a (Chemours); Solkane 134a Stop 1020, Gaithersburg, MD 20899–
Republic of China: Request for Extension to (Solvay); and Forane 134a (Arkema). Generically,
Supplemental Section C&D Response,’’ dated
1020, telephone number (301) 975–
1,1,1,2-Tetrafluoroethane has been sold as
September 29, 2016. Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, 2360, email robert.fangmeyer@nist.gov.
12 See also 19 CFR 351.210(e). Refrigerant 134a, and UN3159. SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 17:36 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1](https://thefederalregister.org/doc/81_FR_69981/page/3.svg)
Document Created: 2018-02-13 16:32:04
Document Modified: 2018-02-13 16:32:04
| 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 | |
| Dates | Effective October 7, 2016. | |
| Contact | Keith Haynes or Paul Stolz, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5139 or, (202) 482-4474 respectively. | |
| FR Citation | 81 FR 69786 |
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