81 FR 86699 - 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China; Amended Preliminary Affirmative Determination of Sales at Less-Than-Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 231 (December 1, 2016)
International Trade Administration
Federal Register Volume 81, Issue 231 (December 1, 2016)
| Page Range | 86699-86701 | |
| FR Document | 2016-28823 |
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)] [Notices] [Pages 86699-86701] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28823] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-044] 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China; Amended Preliminary Affirmative Determination of Sales at Less- Than-Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (``the Department'') is amending the preliminary determination of the less-than-fair-value (``LTFV'') investigation of 1,1,1,2-Tetrafluoroethane (``R-134a'') from the People's Republic of China (``PRC'') to correct significant ministerial errors with respect to our preliminary determination. DATES: Effective December 1, 2016. FOR FURTHER INFORMATION CONTACT: Keith Haynes or Paul Stolz, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5139 or, (202) 482- 4474, respectively. SUPPLEMENTARY INFORMATION: Background On October 7, 2016, the Department published its Preliminary Determination.\1\ On October 14, 2016, the Department disclosed to interested parties its calculations for the Preliminary Determination. On October 19, 2016, the Department received timely filed allegations of ministerial errors in the Preliminary Determination.\2\ On October 20, and October 24, 2016, the Department received timely filed reply comments.\3\ --------------------------------------------------------------------------- \1\ See 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, 81 FR 69786 (October 7, 2016) (``Preliminary Determination''). \2\ See the ministerial error allegations from Petitioners and Sanmei Chemical Industry Co., Ltd. (``Sanmei''), dated October 19, 2016. \3\ See the reply comments from Petitioners and Sanmei, dated October 20, 2016, and October 24, 2016, respectively. However, pursuant to 19 CFR 351.224(c)(3), the Department has not considered the rebuttal comments in its analysis. --------------------------------------------------------------------------- Period of Investigation The period of investigation is July 1, 2015, through December 31, 2015. 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 (``CAS'') registry number is CAS 811-97-2.\4\ --------------------------------------------------------------------------- \4\ 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. Analysis of Significant Ministerial Error Allegation The Department will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination according to 19 CFR 351.224(e). A ministerial error is defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.'' \5\ A significant ministerial error is defined as an error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five [[Page 86700]] absolute percentage points in, but not less than 25 percent of, the antidumping duty rate calculated in the original (erroneous) preliminary determination; or (2) a difference between an antidumping duty rate of zero (or de minimis) and an antidumping duty rate of greater than de minimis or vice versa.\6\ --------------------------------------------------------------------------- \5\ See Section 735(e) of the Tariff Act of 1930, as amended (the ``Act''). \6\ See 19 CFR 351.224(g). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is amending the Preliminary Determination to reflect the correction of six ministerial errors it made in the calculation of the estimated weighted-average dumping margin for Sanmei, a mandatory respondent \7\ These errors are significant ministerial errors within the meaning of 19 CFR 351.224(g) because Sanmei's margin increases from 137.23 percent to 232.30 percent as a result of correcting these ministerial errors, exceeding the significant threshold with a change of at least five absolute percentage points and more than 25 percent of the estimated weighted-average dumping margin. --------------------------------------------------------------------------- \7\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Erin Begnal, Director, Office III, ``Antidumping Duty Investigation of 1,1,1,2-Tetrafluorethane (R134a) from the People's Republic of China: Allegation of Ministerial Errors in the Preliminary Determination,'' dated concurrently with this notice for the analysis performed (``Ministerial Error Memorandum''). The Department is also correcting an additional error made by Sanmei, as the error is related to one of the ministerial errors that the Department made and has corrected. --------------------------------------------------------------------------- Because Sanmei is the only mandatory respondent eligible for a separate rate, Sanmei is the only respondent for which we individually calculated an estimated weighted-average dumping margin. For this reason, we assigned Sanmei's calculated rate to all non-examined separate rate respondents. With this amended preliminary determination, the estimated weighted-average dumping margin for each non-examined separate rate respondent is also amended to 232.30 percent. In the Preliminary Determination, in order to determine the probative value of the dumping margin alleged in the petition for assigning an adverse facts available (``AFA'') rate, we examined the information on the record. When we compared the highest petition dumping margin of 220.90 percent to the transaction-specific dumping margins calculated for Sanmei, we found that the highest petition dumping margin was higher than each of the transaction-specific dumping margins calculated for Sanmei. Therefore, we were unable to corroborate the highest dumping margin contained in the petition for use as AFA, which was applied to the PRC-wide entity.\8\ Because Sanmei's amended preliminary estimated weighted-average dumping margin is now higher than the highest dumping margin alleged in the petition, the AFA rate applied to the PRC-wide entity is also 232.30 percent. --------------------------------------------------------------------------- \8\ See Preliminary Determination and accompanying Preliminary Decision Memorandum at 20-21. --------------------------------------------------------------------------- Because we are relying on information obtained in the course of this investigation on which to base this rate, not on secondary information, it is not necessary to corroborate this calculated rate as AFA.\9\ --------------------------------------------------------------------------- \9\ See, e.g., 1,1,1,2-Tetrafluroethane From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 79 FR 62597 (October 20, 2014), and accompanying Issues and Decision Memorandum at 3. See also section 776(c) of the Act and 19 CFR 351.308(c) and (d). --------------------------------------------------------------------------- Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised accordingly, in accordance with section 733(d) and (g)(1) of the Act and 19 CFR 351.224. Because it is an increase from the Preliminary Determination, the amended cash deposit rate will be effective on the date of publication of this notice in the Federal Register. This suspension of liquidation will remain in effect until further notice. Amended Preliminary Determination The Department preliminarily determines that the following estimated weighted-average antidumping duty margins exist: ------------------------------------------------------------------------ Weighted- Exporter Producer average margin (percent) ------------------------------------------------------------------------ Zhejiang Sanmei Chemical Industry Zhejiang Sanmei 232.30 Co., Ltd. Chemical Industry Co., Ltd. and Jiangsu Sanmei Chemicals Co., Ltd. Jiangsu Bluestar Green Technology Jiangsu Bluestar 232.30 Co., Ltd. Green Technology Co., Ltd. T.T. International Co., Ltd....... Electrochemical 232.30 Factory of Zhejiang Juhua Co., Ltd. T.T. International Co., Ltd....... Sinochem 232.30 Environmental Protection Chemicals (Taicang) Co., Ltd. T.T. International Co., Ltd....... Zhejiang Quzhou 232.30 Lianzhou Refrigerants Co., Ltd. T.T. International Co., Ltd....... Zhejiang Sanmei 232.30 Chemical Ind. Co., Ltd. T.T. International Co., Ltd....... Zhejiang Zhonglan 232.30 Refrigeration Technology Co., Ltd. Weitron International Sinochem 232.30 Refrigeration Equipment Co., Ltd. Environmental Protection Chemicals (Taicang) Co., Ltd. Weitron International Weitron 232.30 Refrigeration Equipment Co., Ltd. International Refrigeration Equipment Co., Ltd. Weitron International Zhejiang Organic 232.30 Refrigeration Equipment Co., Ltd. Fluor-Chemistry Plant, Zhejiang Juhua Co., Ltd. Weitron International Zhejiang Quhua Fluor- 232.30 Refrigeration Equipment Co., Ltd. Chemistry Co., Ltd. Weitron International Zhejiang Quhua Juxin 232.30 Refrigeration Equipment Co., Ltd. Fluorochemical Industry Co., Ltd. Weitron International Zhejiang Sanmei 232.30 Refrigeration Equipment Co., Ltd. Chemical Industry Co., Ltd. PRC-Wide Entity................... .................... 232.30 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after publication of the notice of amended preliminary determination in the Federal Register in accordance with 19 CFR 351.224(b). International Trade Commission Notification In accordance with section 733(f) of the Act, we will notify the International [[Page 86701]] Trade Commission of our determination. This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: November 25, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-28823 Filed 11-30-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices 86699
Letters of Appearance and requirements. Consult the Department’s Preliminary Determination. On October
Administrative Protective Orders regulations for information regarding 19, 2016, the Department received
Pursuant to 19 CFR 351.103(d), the the Department’s conduct of Sunset timely filed allegations of ministerial
Department will maintain and make Reviews. Consult the Department’s errors in the Preliminary
available a public service list for these regulations at 19 CFR part 351 for Determination.2 On October 20, and
proceedings. Parties wishing to definitions of terms and for other October 24, 2016, the Department
participate in any of these five-year general information concerning received timely filed reply comments.3
reviews must file letters of appearance antidumping and countervailing duty
Period of Investigation
as discussed at 19 CFR 351.103(d)). To proceedings at the Department.
This notice of initiation is being The period of investigation is July 1,
facilitate the timely preparation of the
published in accordance with section 2015, through December 31, 2015.
public service list, it is requested that
751(c) of the Act and 19 CFR 351.218(c). Scope of the Investigation
those seeking recognition as interested
parties to a proceeding submit an entry Dated: November 28, 2016.
The product subject to this
of appearance within 10 days of the Erin Begnal, investigation is 1,1,1,2-
publication of the Notice of Initiation. Director, Office III, Antidumping and Tetrafluoroethane, R-134a, or its
Because deadlines in Sunset Reviews Countervailing Duty Operations. chemical equivalent, regardless of form,
can be very short, we urge interested [FR Doc. 2016–28994 Filed 11–30–16; 8:45 am] type, or purity level. The chemical
parties who want access to proprietary BILLING CODE 3510–DS–P formula for 1,1,1,2–tetrafluoroethane is
information under administrative CF3-CH2F, and the Chemical Abstracts
protective order (‘‘APO’’) to file an APO Service (‘‘CAS’’) registry number is CAS
application immediately following DEPARTMENT OF COMMERCE 811–97–2.4
publication in the Federal Register of Merchandise covered by the scope of
this notice of initiation. The International Trade Administration
this investigation is currently classified
Department’s regulations on submission [A–570–044] in the Harmonized Tariff Schedule of
of proprietary information and the United States (‘‘HTSUS’’) at
eligibility to receive access to business 1,1,1,2-Tetrafluoroethane (R-134a) subheading 2903.39.2020. Although the
proprietary information under APO can From the People’s Republic of China; HTSUS subheading and CAS registry
be found at 19 CFR 351.304–351.306. Amended Preliminary Affirmative number are provided for convenience
Determination of Sales at Less-Than- and customs purposes, the written
Information Required From Interested
Fair Value description of the scope is dispositive.
Parties
Domestic interested parties, as AGENCY: Enforcement and Compliance, Analysis of Significant Ministerial
defined in section 771(9)(C), (D), (E), (F), International Trade Administration, Error Allegation
and (G) of the Act and 19 CFR Commerce.
SUMMARY: The Department of Commerce The Department will analyze any
351.102(b), wishing to participate in a comments received and, if appropriate,
Sunset Review must respond not later (‘‘the Department’’) is amending the
preliminary determination of the less- correct any significant ministerial error
than 15 days after the date of by amending the preliminary
publication in the Federal Register of than-fair-value (‘‘LTFV’’) investigation
of 1,1,1,2-Tetrafluoroethane (‘‘R-134a’’) determination according to 19 CFR
this notice of initiation by filing a notice 351.224(e). A ministerial error is
of intent to participate. The required from the People’s Republic of China
(‘‘PRC’’) to correct significant defined in 19 CFR 351.224(f) as ‘‘an
contents of the notice of intent to error in addition, subtraction, or other
participate are set forth at 19 CFR ministerial errors with respect to our
preliminary determination. arithmetic function, clerical error
351.218(d)(1)(ii). In accordance with the resulting from inaccurate copying,
Department’s regulations, if we do not DATES: Effective December 1, 2016.
duplication, or the like, and any other
receive a notice of intent to participate FOR FURTHER INFORMATION CONTACT: similar type of unintentional error
from at least one domestic interested Keith Haynes or Paul Stolz, AD/CVD which the Secretary considers
party by the 15-day deadline, the Operations, Office III, Enforcement and ministerial.’’ 5 A significant ministerial
Department will automatically revoke Compliance, International Trade error is defined as an error, the
the order without further review.6 Administration, U.S. Department of correction of which, singly or in
If we receive an order-specific notice Commerce, 1401 Constitution Avenue combination with other errors, would
of intent to participate from a domestic NW., Washington, DC 20230; telephone: result in: (1) A change of at least five
interested party, the Department’s (202) 482–5139 or, (202) 482–4474,
regulations provide that all parties respectively. 2 See the ministerial error allegations from
wishing to participate in a Sunset SUPPLEMENTARY INFORMATION: Petitioners and Sanmei Chemical Industry Co., Ltd.
Review must file complete substantive (‘‘Sanmei’’), dated October 19, 2016.
responses not later than 30 days after Background 3 See the reply comments from Petitioners and
Sanmei, dated October 20, 2016, and October 24,
the date of publication in the Federal On October 7, 2016, the Department 2016, respectively. However, pursuant to 19 CFR
Register of this notice of initiation. The published its Preliminary 351.224(c)(3), the Department has not considered
required contents of a substantive Determination.1 On October 14, 2016, the rebuttal comments in its analysis.
4 1,1,1,2-Tetrafluoroethane is sold under a
response, on an order-specific basis, are the Department disclosed to interested number of trade names including Klea 134a and
jstallworth on DSK7TPTVN1PROD with NOTICES
set forth at 19 CFR 351.218(d)(3). Note parties its calculations for the Zephex 134a (Mexichem Fluor); Genetron 134a
that certain information requirements (Honeywell); FreonTM 134a, Suva 134a, Dymel
differ for respondent and domestic 1 See 1,1,1,2-Tetrafluoroethane (R-134a) From the 134a, and Dymel P134a (Chemours); Solkane 134a
parties. Also, note that the Department’s People’s Republic of China: Preliminary (Solvay); and Forane 134a (Arkema). Generically,
Determination of Sales at Less-Than-Fair Value and 1,1,1,2-Tetrafluoroethane has been sold as
information requirements are distinct Fluorocarbon 134a, R-134a, HFC-134a, HF A-134a,
Affirmative Determination of Critical
from the Commission’s information Circumstances, in Part, and Postponement of Final Refrigerant 134a, and UN3159.
Determination, 81 FR 69786 (October 7, 2016) 5 See Section 735(e) of the Tariff Act of 1930, as
6 See 19 CFR 351.218(d)(1)(iii). (‘‘Preliminary Determination’’). amended (the ‘‘Act’’).
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![Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices 86701
Trade Commission of our FOR FURTHER INFORMATION CONTACT: determination is February 21, 2017.2
determination. Kaitlin Wojnar, AD/CVD Operations, Pursuant to section 705(a)(1) of the Act
This determination is issued and Office VII, Enforcement and and 19 CFR 351.210(b)(1), the deadline
published pursuant to sections 733(f) Compliance, International Trade for the final determination will continue
and 777(i)(1) of the Act and 19 CFR Administration, U.S. Department of to be 75 days after the date of the
351.224(e). Commerce, 1401 Constitution Avenue preliminary determination, unless
Dated: November 25, 2016. NW., Washington, DC 20230; telephone: postponed.
Ronald K. Lorentzen,
(202) 482–3857. This notice is issued and published in
Acting Assistant Secretary for Enforcement SUPPLEMENTARY INFORMATION: accordance with section 703(c)(2) of the
and Compliance. Act and 19 CFR 351.205(f)(1).
Background
[FR Doc. 2016–28823 Filed 11–30–16; 8:45 am] Dated: November 28, 2016.
BILLING CODE 3510–DS–P On October 11, 2016, the Department Ronald K. Lorentzen,
of Commerce (the Department) initiated Acting Assistant Secretary for Enforcement
the countervailing duty (CVD) and Compliance.
DEPARTMENT OF COMMERCE investigation of steel concrete [FR Doc. 2016–28855 Filed 11–30–16; 8:45 am]
reinforcing bar from the Republic of BILLING CODE 3510–DS–P
International Trade Administration Turkey.1 Currently, the preliminary
determination is due no later than
[A–588–815] December 15, 2016. DEPARTMENT OF COMMERCE
Correction to Notice of Initiation of Postponement of the Preliminary
Five-Year Sunset Review International Trade Administration
Determination
AGENCY: Enforcement and Compliance, Section 703(b)(1) of the Tariff Act of [A–489–805]
International Trade Administration, 1930, as amended (the Act), requires the
Department of Commerce. Department to issue the preliminary Certain Pasta From Turkey: Final
FOR FURTHER INFORMATION CONTACT: determination in a CVD investigation Rescission of Antidumping Duty New
Brenda E. Waters, AD/CVD Operations, within 65 days of the date on which the Shipper Review; 2014–2015
Customs Unit, Enforcement and Department initiated the investigation.
However, if the Department concludes AGENCY: Enforcement and Compliance,
Compliance, International Trade
that the parties concerned are International Trade Administration,
Administration, U.S. Department of
cooperating and that the case is Department of Commerce.
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; extraordinarily complicated, such that SUMMARY: The Department of Commerce
telephone: (202) 482–4735. additional time is necessary to make the (Department) published its Preliminary
preliminary determination, section Rescission for the new shipper review
SUPPLEMENTARY INFORMATION: On
703(c)(1)(B) of the Act allows the (NSR) of the antidumping duty order on
November 1, 2016, the Department of
Department to postpone making the certain pasta from the Republic of
Commerce (‘‘Department’’) published
preliminary determination until no later Turkey (Turkey) on July 15, 2016. The
Initiation of Five-Year (‘‘Sunset’’)
than 130 days after the date on which period of review (POR) is July 1, 2014,
Review, 81 FR 75808 (November 1,
the administering authority initiated the through June 30, 2015. As discussed
2016) in which the Department
investigation. below, we preliminarily found that the
inadvertently listed the incorrect case
number for Gray Portland Cement The Department determines that the sale made by Durum Gida Sanayi ve
Clinker from Japan. The correct case parties concerned are currently Ticaret A.S. (Durum) is not bona fide,
number is A–588–815. This notice cooperating and that the investigation is and announced our preliminary intent
serves as a correction notice. extraordinarily complicated, such that it to rescind the NSR. For the final results
will need more time to make the of this review, we have determined that
Dated: November 23, 2016. preliminary determination. Specifically, Durum does not qualify for a NSR.
Gary Taverman, in addition to evaluating the financial Therefore, we are rescinding this NSR.
Associate Deputy Assistant Secretary for contribution and specificity of DATES: Effective December 1, 2016.
Antidumping and Countervailing Duty numerous national and regional
Operations. FOR FURTHER INFORMATION CONTACT: Fred
programs, the Department will analyze
[FR Doc. 2016–28859 Filed 11–30–16; 8:45 am] the provision of several inputs for less Baker, AD/CVD Operations, Office VI,
BILLING CODE 3510–DS–P than adequate remuneration and will Enforcement and Compliance,
consider a more-than-adequate- International Trade Administration,
remuneration program for the first time Department of Commerce, 1401
DEPARTMENT OF COMMERCE in a proceeding involving the Republic Constitution Avenue NW., Washington,
of Turkey. DC 20230; telephone: (202) 482–2924.
International Trade Administration SUPPLEMENTARY INFORMATION:
For the reasons stated above, the
[C–489–830] Department, in accordance with section
703(c)(l)(B) of the Act, is postponing the 2 Department practice dictates that, when a
Steel Concrete Reinforcing Bar From deadline for the preliminary deadline falls on a weekend or a federal holiday,
the appropriate deadline is the next business day.
jstallworth on DSK7TPTVN1PROD with NOTICES
the Republic of Turkey: Postponement determination to no later than 130 days See Notice of Clarification: Application of the ‘‘Next
of Preliminary Determination in after the day on which the Department Business Day’’ Rule for Administrative
Countervailing Duty Investigation initiated this investigation. Therefore, Determination Deadlines Pursuant to the Tariff Act
the new deadline for the preliminary of 1930, as Amended, 70 FR 24533, 24533 (May 10,
AGENCY: Enforcement and Compliance, 2005). Because February 18, 2017, falls on a
International Trade Administration, Saturday and February 20, 2017, is a federal
1 See Steel Concrete Reinforcing Bar from the holiday, the appropriate deadline for the
Department of Commerce. Republic of Turkey: Initiation of Countervailing preliminary determination in this investigation is
DATES: Effective December 1, 2016. Duty Investigation, 81 FR 71705 (October 18, 2016). February 21, 2017.
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Document Created: 2018-02-14 09:00:45
Document Modified: 2018-02-14 09:00:45
| 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 December 1, 2016. | |
| Contact | Keith Haynes or Paul Stolz, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5139 or, (202) 482- 4474, respectively. | |
| FR Citation | 81 FR 86699 |
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