83_FR_9320 83 FR 9277 - Hydrofluorocarbon Blends From the People's Republic of China: Notice of Covered Merchandise Referral

83 FR 9277 - Hydrofluorocarbon Blends From the People's Republic of China: Notice of Covered Merchandise Referral

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 43 (March 5, 2018)

Page Range9277-9278
FR Document2018-04393

Pursuant to the Enforce and Protect Act of 2015 (EAPA), the Department of Commerce (Commerce) received a covered merchandise referral from U.S. Customs and Border Protection (CBP) in connection with a CBP Enforce and Protect Act (EAPA) investigation concerning the antidumping duty (AD) order on hydrofluorocarbon (HFC) blends from the People's Republic of China (China). In accordance with EAPA, Commerce intends to determine whether the merchandise subject to the referral is covered by the scope of the order and promptly transmit its determination to CBP. Commerce is providing notice of the referral and inviting participation from interested parties.

Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018)
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9277-9278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04393]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Notice of Covered Merchandise Referral

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the 
Department of Commerce (Commerce) received a covered merchandise 
referral from U.S. Customs and Border Protection (CBP) in connection 
with a CBP Enforce and Protect Act (EAPA) investigation concerning the 
antidumping duty (AD) order on hydrofluorocarbon (HFC) blends from the 
People's Republic of China (China). In accordance with EAPA, Commerce 
intends to determine whether the merchandise subject to the referral is 
covered by the scope of the order and promptly transmit its 
determination to CBP. Commerce is providing notice of the referral and 
inviting participation from interested parties.

DATES: Applicable March 5, 2018.

FOR FURTHER INFORMATION CONTACT: Manuel Rey at (202) 482-5518, AD/CVD 
Operations Office II, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On February 24, 2016, the Trade Facilitation and Trade Enforcement 
Act of 2015 was signed into law, which contains Title IV-Prevention of 
Evasion of Antidumping and Countervailing Duty Orders (short title 
``Enforce and Protect Act of 2015'' or ``EAPA'') (Pub. L. 114-125, 130 
Stat. 122, 155, Feb. 24, 2016). Effective August 22, 2016, section 421 
of the EAPA added section 517 to the Tariff Act of 1930, as amended 
(the Act), which establishes a formal process for CBP to investigate 
allegations of the evasion of antidumping and countervailing duty (AD/
CVD) orders. Section 517(b)(4)(A) of the Act provides a procedure 
whereby if, during the course of an EAPA investigation, CBP is unable 
to determine whether the merchandise at issue is covered merchandise 
within the meaning of section 517(a)(3) of the Act, it shall refer the 
matter to Commerce to make such a determination. Section 517(a)(3) of 
the Act defines covered merchandise as merchandise that is subject to 
an antidumping duty order issued under section 736 of the Act or a 
countervailing duty order issued under section 706 of the Act. Section 
517(b)(4)(B) of the Act states that Commerce, after receiving a covered 
merchandise referral from CBP, shall determine whether the merchandise 
is covered merchandise and promptly transmit its determination to CBP. 
The Act does not establish a deadline within which Commerce must issue 
its determination.
    On December 4, 2017, Commerce received a covered merchandise 
referral from CBP regarding CBP EAPA Investigation No. 7212 \1\ which 
concerns the AD order on HFCs from China.\2\ Specifically, based on an 
allegation by RMS of Georgia d/b/a Choice
---------------------------------------------------------------------------

    \1\ See Letter from CBP, ``EAPA Case Number: 7212; Scope 
Referral Request for merchandise under EAPA Investigation 7212, 
imported by LM Supply, Inc. and concerning the investigation of 
evasion of the antidumping duty order on hydrofluorocarbon blends 
from the People's Republic of China (A-570-028),'' dated December 4, 
2017. This document and any supporting documents will be available 
electronically on Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS) 
within five days of publication of this notice.
    \2\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016).
---------------------------------------------------------------------------

    Refrigerants, CBP has requested that Commerce issue a determination 
as to whether certain merchandise imported by LM Supply, Inc. (LM 
Supply) is subject to the AD order on HFCs from China. Specifically, 
CBP asked Commerce to clarify: (1) If the scope exclusion for 
Choice[supreg] R-421A is limited to only merchandise that is licensed 
by the rights holder or does it apply to any HFC blends that satisfy 
the terms of the patents, and (2) if the scope exclusion is limited to 
only that merchandise that also carries the trademarks indicated in the 
scope exclusion.

Notification to Interested Parties

    Commerce is hereby notifying interested parties that it has 
received the covered merchandise referral referenced above, will begin 
a new segment of the proceeding, and intends to issue a determination 
regarding whether the merchandise subject to the referral is covered 
merchandise within the meaning of section 517(a)(3) of the Act. 
Additionally, Commerce intends to provide interested parties with the 
opportunity to participate in this segment of the proceeding, including 
through the submission of comments, and, if appropriate, new factual 
information and verification. Specifically, Commerce will notify 
parties on the segment-specific service list for this segment of the 
proceeding of a schedule for comments. In addition, Commerce may 
request factual information from any person to assist in making its 
determination and may verify submissions of factual information, if 
Commerce determines that such verification is appropriate. Commerce 
intends to issue a final determination within 120 days of the 
publication of this notice (this deadline

[[Page 9278]]

may be extended if it is not practicable to complete the final 
determination within 120 days), and will promptly transmit its final 
determination to CBP in accordance with section 517(b)(4)(B) of the 
Act.
    Parties are also hereby notified that this is the only notice that 
Commerce intends to publish in the Federal Register concerning this 
covered merchandise referral. Therefore, interested parties that wish 
to participate in this segment of the proceeding, and receive notice of 
the final determination, must submit their letters of appearance, as 
discussed below. Further, any party desiring access to business 
proprietary information in this segment of the proceeding must file an 
application for access to business proprietary information under 
administrative protective order (APO), as discussed below.
    Finally, we note that covered merchandise referrals constitute a 
new type of segment of a proceeding at Commerce and, therefore, 
Commerce will continue to develop its practice and procedures in this 
area. Additionally, we note that Commerce has received a scope ruling 
request concerning merchandise which may be similar to the merchandise 
at issue in the covered merchandise referral referenced above.\3\ Thus, 
Commerce may consider any potential overlapping issues in these 
separate segments of the proceeding.
---------------------------------------------------------------------------

    \3\ See Letter on behalf of Kenneth Ponder and Choice 
Refrigerants ``Application for Scope Ruling on Exclusion of Patented 
HFC Blends from Antidumping Duty Order A-570-028: Hydrofluorocarbon 
Blends and Components Thereof from the People's Republic of China,'' 
dated November 30, 3017.
---------------------------------------------------------------------------

Scope of the AD Order Hydrofluorocarbon Blends From People's Republic 
of China

    The merchandise covered by this order is HFC blends. 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, a 
zeotropic 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.\4\
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

    Any blend that includes an HFC component other than R-32, R-125, R-
143a, or R-134a is excluded from the scope of this order.
    Excluded from this order 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 order 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 order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope is dispositive.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
ACCESS.\5\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due. Documents 
exempted from the electronic submission requirements must be filed 
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, and stamped with the date 
of receipt by the applicable deadlines.
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement 
and Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
---------------------------------------------------------------------------

Letters of Appearance and Administrative Protective Order

    Interested parties that wish to participate in this segment of the 
proceeding and be added to the public service list for this segment of 
the proceeding must file a letter of appearance in accordance with 19 
CFR 351.103(d)(1), with one exception: The parties publicly identified 
by CBP in the covered merchandise referral (referenced above) are not 
required to submit a letter of appearance, and will be added to the 
public service list for this segment of the proceeding by Commerce.
    Commerce placed an APO on the record on December 22, 2017,\6\ 
(amended on January 16, 2018),\7\ and established the APO service list 
for use in this segment. Commerce intends to place the business 
proprietary versions of the documents contained in the covered 
merchandise referral on the record of this proceeding in ACCESS within 
five days of publication of this notice.
---------------------------------------------------------------------------

    \6\ See the Administrative Protective Order ``In the Matter of 
the Scope Inquiry of the Antidumping Duty Order on Hydrofluorocarbon 
Blends (A-570-028) (CBP EAPA Inv. No. 7212),'' dated December 22, 
2017.
    \7\ See Amendment of the Administrative Protective Order ``In 
the Matter of the Scope Inquiry of the Antidumping Duty Order on 
Hydrofluorocarbon Blends (A-570-028) (CBP EAPA Inv. No. 7212),'' 
dated January 16, 2018.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
the APO in accordance with the procedures outlined in Commerce's 
regulations at 19 CFR 351.305. Those procedures apply to this segment 
of the proceeding, with one exception: APO applicants representing the 
parties that have been identified by CBP as an importer in the covered 
merchandise referral (referenced above) are exempt from the additional 
filing requirements for importers pursuant to 19 CFR 351.305(d).

    Dated: February 22, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-04393 Filed 3-2-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices                                                      9277

                                                  Comment 24: Whether Commerce Should                   SUMMARY:   Pursuant to the Enforce and                which Commerce must issue its
                                                     Adjust the Electricity Benchmark for               Protect Act of 2015 (EAPA), the                       determination.
                                                     VAT                                                Department of Commerce (Commerce)                        On December 4, 2017, Commerce
                                                  Comment 25: Whether Electricity                                                                             received a covered merchandise referral
                                                                                                        received a covered merchandise referral
                                                     Constitutes General Infrastructure and
                                                                                                        from U.S. Customs and Border                          from CBP regarding CBP EAPA
                                                     Provides a Financial Contribution
                                                  Comment 26: Whether Commerce Should                   Protection (CBP) in connection with a                 Investigation No. 7212 1 which concerns
                                                     Rely on Xeneta Data for Freight                    CBP Enforce and Protect Act (EAPA)                    the AD order on HFCs from China.2
                                                     Benchmark                                          investigation concerning the                          Specifically, based on an allegation by
                                                  Comment 27: Whether Commerce Should                   antidumping duty (AD) order on                        RMS of Georgia d/b/a Choice
                                                     Find Non-Use of Steam Coal                         hydrofluorocarbon (HFC) blends from                      Refrigerants, CBP has requested that
                                                XI. Recommendation                                      the People’s Republic of China (China).               Commerce issue a determination as to
                                                Appendix II                                             In accordance with EAPA, Commerce                     whether certain merchandise imported
                                                                                                        intends to determine whether the                      by LM Supply, Inc. (LM Supply) is
                                                Scope of the Investigation                                                                                    subject to the AD order on HFCs from
                                                                                                        merchandise subject to the referral is
                                                   The merchandise covered by this                      covered by the scope of the order and                 China. Specifically, CBP asked
                                                investigation is aluminum foil having a                 promptly transmit its determination to                Commerce to clarify: (1) If the scope
                                                thickness of 0.2 mm or less, in reels
                                                                                                        CBP. Commerce is providing notice of                  exclusion for Choice® R–421A is limited
                                                exceeding 25 pounds, regardless of width.                                                                     to only merchandise that is licensed by
                                                Aluminum foil is made from an aluminum                  the referral and inviting participation
                                                                                                        from interested parties.                              the rights holder or does it apply to any
                                                alloy that contains more than 92 percent
                                                aluminum. Aluminum foil may be made to
                                                                                                                                                              HFC blends that satisfy the terms of the
                                                                                                        DATES:   Applicable March 5, 2018.                    patents, and (2) if the scope exclusion
                                                ASTM specification ASTM B479, but can
                                                also be made to other specifications.                   FOR FURTHER INFORMATION CONTACT:                      is limited to only that merchandise that
                                                Regardless of specification, however, all               Manuel Rey at (202) 482–5518, AD/CVD                  also carries the trademarks indicated in
                                                aluminum foil meeting the scope description             Operations Office II, Enforcement &                   the scope exclusion.
                                                is included in the scope, including                     Compliance, International Trade
                                                aluminum foil to which lubricant has been                                                                     Notification to Interested Parties
                                                                                                        Administration, U.S. Department of
                                                applied to one or both sides of the foil.               Commerce, 1401 Constitution Avenue                       Commerce is hereby notifying
                                                   Excluded from the scope of this                                                                            interested parties that it has received the
                                                investigation is aluminum foil that is backed
                                                                                                        NW, Washington, DC 20230.
                                                                                                                                                              covered merchandise referral referenced
                                                with paper, paperboard, plastics, or similar            SUPPLEMENTARY INFORMATION:                            above, will begin a new segment of the
                                                backing materials on one side or both sides                                                                   proceeding, and intends to issue a
                                                of the aluminum foil, as well as etched                 Background
                                                capacitor foil and aluminum foil that is cut
                                                                                                                                                              determination regarding whether the
                                                                                                           On February 24, 2016, the Trade                    merchandise subject to the referral is
                                                to shape.
                                                   Where the nominal and actual
                                                                                                        Facilitation and Trade Enforcement Act                covered merchandise within the
                                                measurements vary, a product is within the              of 2015 was signed into law, which                    meaning of section 517(a)(3) of the Act.
                                                scope if application of either the nominal or           contains Title IV-Prevention of Evasion               Additionally, Commerce intends to
                                                actual measurement would place it within                of Antidumping and Countervailing                     provide interested parties with the
                                                the scope based on the definitions set forth            Duty Orders (short title ‘‘Enforce and                opportunity to participate in this
                                                above. The products under investigation are             Protect Act of 2015’’ or ‘‘EAPA’’) (Pub.              segment of the proceeding, including
                                                currently classifiable under Harmonized                 L. 114–125, 130 Stat. 122, 155, Feb. 24,              through the submission of comments,
                                                Tariff Schedule of the United States (HTSUS)            2016). Effective August 22, 2016, section             and, if appropriate, new factual
                                                subheadings 7607.11.3000, 7607.11.6000,                 421 of the EAPA added section 517 to
                                                7607.11.9030, 7607.11.9060, 7607.11.9090,
                                                                                                                                                              information and verification.
                                                and 7607.19.6000. Further, merchandise that
                                                                                                        the Tariff Act of 1930, as amended (the               Specifically, Commerce will notify
                                                falls within the scope of this proceeding may           Act), which establishes a formal process              parties on the segment-specific service
                                                also be entered into the United States under            for CBP to investigate allegations of the             list for this segment of the proceeding of
                                                HTSUS subheadings 7606.11.3060,                         evasion of antidumping and                            a schedule for comments. In addition,
                                                7606.11.6000, 7606.12.3045, 7606.12.3055,               countervailing duty (AD/CVD) orders.                  Commerce may request factual
                                                7606.12.3090, 7606.12.6000, 7606.91.3090,               Section 517(b)(4)(A) of the Act provides              information from any person to assist in
                                                7606.91.6080, 7606.92.3090, and                         a procedure whereby if, during the                    making its determination and may
                                                7606.92.6080.                                           course of an EAPA investigation, CBP is               verify submissions of factual
                                                   Although the HTSUS subheadings are                   unable to determine whether the                       information, if Commerce determines
                                                provided for convenience and customs
                                                purposes, the written description of the
                                                                                                        merchandise at issue is covered                       that such verification is appropriate.
                                                scope of this proceeding is dispositive.                merchandise within the meaning of                     Commerce intends to issue a final
                                                                                                        section 517(a)(3) of the Act, it shall refer          determination within 120 days of the
                                                [FR Doc. 2018–04402 Filed 3–2–18; 8:45 am]
                                                                                                        the matter to Commerce to make such a                 publication of this notice (this deadline
                                                BILLING CODE 3510–DS–P
                                                                                                        determination. Section 517(a)(3) of the
                                                                                                        Act defines covered merchandise as                       1 See Letter from CBP, ‘‘EAPA Case Number:

                                                                                                        merchandise that is subject to an                     7212; Scope Referral Request for merchandise
                                                DEPARTMENT OF COMMERCE                                                                                        under EAPA Investigation 7212, imported by LM
                                                                                                        antidumping duty order issued under                   Supply, Inc. and concerning the investigation of
                                                International Trade Administration                      section 736 of the Act or a                           evasion of the antidumping duty order on
                                                                                                        countervailing duty order issued under                hydrofluorocarbon blends from the People’s
                                                [A–570–028]                                             section 706 of the Act. Section                       Republic of China (A–570–028),’’ dated December
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              4, 2017. This document and any supporting
                                                                                                        517(b)(4)(B) of the Act states that                   documents will be available electronically on
                                                Hydrofluorocarbon Blends From the
                                                                                                        Commerce, after receiving a covered                   Enforcement and Compliance’s Antidumping Duty
                                                People’s Republic of China: Notice of
                                                                                                        merchandise referral from CBP, shall                  and Countervailing Duty Centralized Electronic
                                                Covered Merchandise Referral                                                                                  Service System (ACCESS) within five days of
                                                                                                        determine whether the merchandise is
                                                                                                                                                              publication of this notice.
                                                AGENCY:  Enforcement and Compliance,                    covered merchandise and promptly                         2 See Hydrofluorocarbon Blends from the People’s
                                                International Trade Administration,                     transmit its determination to CBP. The                Republic of China: Antidumping Duty Order, 81 FR
                                                Department of Commerce.                                 Act does not establish a deadline within              55436 (August 19, 2016).



                                           VerDate Sep<11>2014   19:25 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\05MRN1.SGM   05MRN1


                                                9278                           Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices

                                                may be extended if it is not practicable                Trifluoroethane also known as R–507.                  the time and date it is due. Documents
                                                to complete the final determination                     The foregoing percentages are nominal                 exempted from the electronic
                                                within 120 days), and will promptly                     percentages by weight. Actual                         submission requirements must be filed
                                                transmit its final determination to CBP                 percentages of single component                       manually (i.e., in paper form) with
                                                in accordance with section 517(b)(4)(B)                 refrigerants by weight may vary by plus               Enforcement and Compliance’s APO/
                                                of the Act.                                             or minus two percent points from the                  Dockets Unit, Room 18022, U.S.
                                                   Parties are also hereby notified that                nominal percentage identified above.4                 Department of Commerce, 1401
                                                this is the only notice that Commerce                     Any blend that includes an HFC                      Constitution Avenue NW, Washington,
                                                intends to publish in the Federal                       component other than R–32, R–125, R–                  DC 20230, and stamped with the date of
                                                Register concerning this covered                        143a, or R–134a is excluded from the                  receipt by the applicable deadlines.
                                                merchandise referral. Therefore,                        scope of this order.
                                                interested parties that wish to                           Excluded from this order are blends of              Letters of Appearance and
                                                participate in this segment of the                      refrigerant chemicals that include                    Administrative Protective Order
                                                proceeding, and receive notice of the                   products other than HFCs, such as                        Interested parties that wish to
                                                final determination, must submit their                  blends including chlorofluorocarbons                  participate in this segment of the
                                                letters of appearance, as discussed                     (CFCs), hydrochlorofluorocarbons                      proceeding and be added to the public
                                                below. Further, any party desiring                      (HCFCs), hydrocarbons (HCs), or                       service list for this segment of the
                                                access to business proprietary                          hydrofluoroolefins (HFOs).                            proceeding must file a letter of
                                                information in this segment of the                        Also excluded from this order are                   appearance in accordance with 19 CFR
                                                proceeding must file an application for                 patented HFC blends, including, but not               351.103(d)(1), with one exception: The
                                                access to business proprietary                          limited to, ISCEON® blends, including                 parties publicly identified by CBP in the
                                                information under administrative                        MO99TM (R–438A), MO79 (R–422A),                       covered merchandise referral
                                                protective order (APO), as discussed                    MO59 (R–417A), MO49PlusTM (R–437A)                    (referenced above) are not required to
                                                below.                                                  and MO29TM (R–4 22D), Genetron®                       submit a letter of appearance, and will
                                                   Finally, we note that covered                        PerformaxTM LT (R–407F), Choice® R–                   be added to the public service list for
                                                merchandise referrals constitute a new                  421A, and Choice® R–421B.                             this segment of the proceeding by
                                                type of segment of a proceeding at                        HFC blends covered by the scope of                  Commerce.
                                                Commerce and, therefore, Commerce                       this order are currently classified in the               Commerce placed an APO on the
                                                will continue to develop its practice and               Harmonized Tariff Schedule of the                     record on December 22, 2017,6
                                                procedures in this area. Additionally,                  United States (HTSUS) at subheadings                  (amended on January 16, 2018),7 and
                                                we note that Commerce has received a                    3824.78.0020 and 3824.78.0050.                        established the APO service list for use
                                                scope ruling request concerning                         Although the HTSUS subheadings are                    in this segment. Commerce intends to
                                                merchandise which may be similar to                     provided for convenience and customs                  place the business proprietary versions
                                                the merchandise at issue in the covered                 purposes, the written description of the              of the documents contained in the
                                                merchandise referral referenced above.3                 scope is dispositive.                                 covered merchandise referral on the
                                                Thus, Commerce may consider any                                                                               record of this proceeding in ACCESS
                                                potential overlapping issues in these                   Filing Requirements
                                                                                                                                                              within five days of publication of this
                                                separate segments of the proceeding.                       All submissions to Commerce must be
                                                                                                                                                              notice.
                                                                                                        filed electronically using ACCESS.5 An
                                                Scope of the AD Order                                   electronically filed document must be                    Interested parties must submit
                                                Hydrofluorocarbon Blends From                           received successfully in its entirety by              applications for disclosure under the
                                                People’s Republic of China                                                                                    APO in accordance with the procedures
                                                  The merchandise covered by this                          4 R–404A is sold under various trade names,        outlined in Commerce’s regulations at
                                                order is HFC blends. HFC blends                         including Forane® 404A, Genetron® 404A,               19 CFR 351.305. Those procedures
                                                                                                        Solkane® 404A, Klea® 404A, and Suva®404A. R–          apply to this segment of the proceeding,
                                                covered by the scope are R–404A, a                      407A is sold under various trade names, including
                                                zeotropic mixture consisting of 52                                                                            with one exception: APO applicants
                                                                                                        Forane® 407A, Solkane® 407A, Klea®407A, and
                                                percent 1,1,1 Trifluoroethane, 44                       Suva®407A. R–407C is sold under various trade         representing the parties that have been
                                                percent Pentafluoroethane, and 4                        names, including Forane® 407C, Genetron® 407C,        identified by CBP as an importer in the
                                                                                                        Solkane® 407C, Klea® 407C and Suva® 407C. R–          covered merchandise referral
                                                percent 1,1,1,2-Tetrafluoroethane; R–                   410A is sold under various trade names, including
                                                407A, a zeotropic mixture of 20 percent                                                                       (referenced above) are exempt from the
                                                                                                        EcoFluor R410, Forane® 410A, Genetron® R410A
                                                Difluoromethane, 40 percent                             and AZ–20, Solkane® 410A, Klea® 410A, Suva®           additional filing requirements for
                                                Pentafluoroethane, and 40 percent                       410A, and Puron®. R–507A is sold under various        importers pursuant to 19 CFR
                                                                                                        trade names, including Forane® 507, Solkane® 507,     351.305(d).
                                                1,1,1,2-Tetrafluoroethane; R–407C, a                    Klea®507, Genetron®AZ–50, and Suva®507. R–32 is
                                                zeotropic mixture of 23 percent                         sold under various trade names, including               Dated: February 22, 2018.
                                                Difluoromethane, 25 percent                             Solkane®32, Forane®32, and Klea®32. R–125 is sold     Christian Marsh,
                                                Pentafluoroethane, and 52 percent                       under various trade names, including Solkane®125,
                                                                                                        Klea®125, Genetron®125, and Forane®125. R–143a
                                                                                                                                                              Deputy Assistant Secretary for Enforcement
                                                1,1,1,2-Tetrafluoroethane; R–410A, a                    is sold under various trade names, including          and Compliance.
                                                zeotropic mixture of 50 percent                         Solkane®143a, Genetron®143a, and Forane®125.          [FR Doc. 2018–04393 Filed 3–2–18; 8:45 am]
                                                Difluoromethane and 50 percent                             5 See Antidumping and Countervailing Duty
                                                                                                                                                              BILLING CODE 3510–DS–P
                                                Pentafluoroethane; and R–507A, a                        Proceedings: Electronic Filing Procedures;
                                                zeotropic mixture of 50 percent                         Administrative Protective Order Procedures, 76 FR
                                                                                                                                                                6 See the Administrative Protective Order ‘‘In the
                                                                                                        39263 (July 6, 2011), as amended in Enforcement
sradovich on DSK3GMQ082PROD with NOTICES




                                                Pentafluoroethane and 50 percent 1,1,1-                 and Compliance; Change of Electronic Filing           Matter of the Scope Inquiry of the Antidumping
                                                                                                        System Name, 79 FR 69046 (November 20, 2014) for      Duty Order on Hydrofluorocarbon Blends (A–570–
                                                  3 See Letter on behalf of Kenneth Ponder and          details of Commerce’s electronic filing               028) (CBP EAPA Inv. No. 7212),’’ dated December
                                                Choice Refrigerants ‘‘Application for Scope Ruling      requirements, effective August 5, 2011. Information   22, 2017.
                                                on Exclusion of Patented HFC Blends from                on help using ACCESS can be found at https://           7 See Amendment of the Administrative

                                                Antidumping Duty Order A–570–028:                       access.trade.gov/help.aspx and a handbook can be      Protective Order ‘‘In the Matter of the Scope Inquiry
                                                Hydrofluorocarbon Blends and Components                 found at https://access.trade.gov/help/               of the Antidumping Duty Order on
                                                Thereof from the People’s Republic of China,’’          Handbook%20on%20Electronic%20Filing%20                Hydrofluorocarbon Blends (A–570–028) (CBP EAPA
                                                dated November 30, 3017.                                Procedures.pdf.                                       Inv. No. 7212),’’ dated January 16, 2018.



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Document Created: 2018-03-03 02:45:54
Document Modified: 2018-03-03 02:45:54
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
DatesApplicable March 5, 2018.
ContactManuel Rey at (202) 482-5518, AD/CVD Operations Office II, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 9277 

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