Quiero saber acerca de...

8586

Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.27
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate the AD investigation of imports of R125 from China. The sources of data for the deductions and adjustments relating to U.S. price and normal value NV are discussed in greater detail in the AD Initiation Checklist.
U.S. Price The petitioner based export price EP
on two methodologies: 1 Information from a sale of R125 produced in and exported from China by a Chinese producer; and 2 transaction-specific average unit values AUVs derived from publicly-available import data and tied to ship manifest data obtained from ImportGenius and Datamyne.28 The petitioner made adjustment for movement and other expenses, where appropriate.29
Normal Value
jbell on DSKJLSW7X2PROD with NOTICES

Commerce considers China to be an NME country.30 In accordance with section 77118Ci of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME
country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on FOPs valued in a surrogate market economy country, in accordance with section 773c of the Act.
The petitioner states that the Russian Federation Russia is an appropriate surrogate country because Russia is a market economy country that is at a level of economic development comparable to that of China and is a 27 See AD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Pentafluoroethane R125 from the Peoples Republic of China Attachment III.
28 See the AD Initiation Checklist.
29 Id.
30 See, e.g., Antidumping Duty Investigation of Certain Aluminum Foil from the Peoples Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861
November 2, 2017, and accompanying Preliminary Decision Memorandum at Chinas Status as a NonMarket Economy, unchanged in Certain Aluminum Foil from the Peoples Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 March 5, 2018.

VerDate Sep<11>2014

20:48 Feb 05, 2021

Jkt 253001

significant producer of comparable merchandise.31 The petitioner submitted publicly-available information from Russia to value all FOPs.32 Based on the information provided by the petitioner, we determine that it is appropriate to use Russia as a surrogate country for China for initiation purposes.
Interested parties will have the opportunity to submit comments regarding surrogate country selections and, pursuant to 19 CFR
351.301c3i, will be provided an opportunity to submit publicly available information to value FOPs within 30
days before the scheduled date of the preliminary determination.
Factors of Production The petitioner used its own productspecific consumption rates as a surrogate to value Chinese manufacturers FOPs.33 Additionally, the petitioner calculated factory overhead; selling, general and administrative expenses; and profit based on the experience of a Russian producer of R125.34
Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of R125 from China are being, or are likely to be, sold in the United States at LTFV. Based on a comparison of EP to NV, in accordance with sections 772 and 773 of the Act, the estimated dumping margins for R125 from China range from 149.09 percent to 238.83
percent.35
Initiation of LTFV Investigation Based upon our examination of the Petition on R125 from China and supplemental responses, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of R125
from China are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733b1A of the Act and 19 CFR 351.205b1, unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation.
31 See Volume II of the Petition at 3 and Exhibits II1, II2.
32 See Petitioners First Supplemental Questionnaire Response at Exhibit Supp-II11; see also Petitioners Second Supplemental Questionnaire Response at Exhibit SSII11.
33 See Volume II of the Petition at 6 and Exhibit II10; see also Petitioners First Supplemental Questionnaire Response at Exhibit SuppI1.
34 See Volume II of the Petition at 3 and Exhibits II3 and II12.
35 See Petitioners Second Supplemental Questionnaire Response at Exhibit SSII19.

PO 00000

Frm 00009

Fmt 4703

Sfmt 4703

Respondent Selection In the Petition, the petitioner named 11 companies in China as producers and/or exporters of R125.36
In accordance with our standard practice for respondent selection in AD
investigations involving NME countries, Commerce selects respondents based on quantity and value Q&V
questionnaires in cases where it has determined that the number of companies is large and it cannot individually examine each company based upon its resources. Therefore, considering the number of producers and exporters identified in the Petition, Commerce will solicit Q&V information that can serve as a basis for selecting exporters for individual examination in the event that Commerce decides to limit the number of respondents individually examined pursuant to section 777Ac2 of the Act. Because there are 11 producers and/or exporters identified in the Petition, Commerce has determined that it will issue Q&V
questionnaires to each potential respondent for which the petitioner has provided a complete address.
In addition, Commerce will post the Q&V questionnaire along with filing instructions on E&Cs website at https
enforcement.trade.gov/questionnaires/
questionnaires-ad.html. Producers/
exporters of R125 from China that do not receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from E&Cs website. In accordance with the standard practice for respondent selection in AD cases involving NME
countries, in the event Commerce decides to limit the number of respondents individually investigated, Commerce intends to base respondent selection on the responses to the Q&V
questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the relevant Chinese producers/exporters no later than 5:00 p.m. ET on February 17, 2021.
All Q&V questionnaire responses must be filed electronically via ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under Administrative Protective Order APO
in accordance with 19 CFR 351.305b.
Instructions for filing such applications may be found on E&Cs website at http enforcement.trade.gov/apo.
Commerce intends to finalize its 36 See Volume I of the Petition at 9 and Exhibit I11.

E:FRFM08FEN1.SGM

08FEN1