Federal Register - February 8, 2021

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Source: Federal Register

8584

Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
concerning imports of R125 from China.2
On January 14, 22, and 27, 2021, Commerce requested supplemental information pertaining to certain aspects of the Petition in separate supplemental questionnaires and a phone call with the petitioner.3 On January 19, 25, and 28, 2021, the petitioner filed timely responses to these requests for additional information.4
In accordance with section 732b of the Tariff Act of 1930, as amended the Act, the petitioner alleges that imports of R125 from China are being, or are likely to be, sold in the United States at less than fair value LTFV within the meaning of section 731 of the Act and that imports of such products are materially injuring, or threatening material injury to, the domestic R125
industry in the United States. Consistent with section 732b1 of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting the allegation.
Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party, as defined in section 7719C of the Act.
Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested AD investigation.5

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2 Id.
3 See Commerces Letters, Petition for the Imposition of Antidumping Duties on Imports of Pentafluoroethane R125 from the Peoples Republic of China: Supplemental Questions and Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Pentafluoroethane R125 from the Peoples Republic of China: Supplemental Questions, both dated January 14, 2021 General Issues Supplemental; see also Memorandum, Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Pentafluoroethane R125 from the Peoples Republic of China: Phone Call with Counsel to the Petitioner, dated January 22, 2021 Phone Call with Petitioners Counsel; and Memorandum, Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Pentafluoroethane R125 from the Peoples Republic of China: Phone Call with Counsel to the Petitioner, dated January 27, 2021 Second Phone Call with Petitioners Counsel.
4 See Petitioners Letter, R125
Pentafluoroethane from the Peoples Republic of China: Honeywell International Inc.s Supplemental Questionnaire Response, dated January 19, 2021
Petitioners First Supplemental Questionnaire Response; see also Petitioners Letter, R125
Pentafluoroethane from the Peoples Republic of China: Honeywell International Inc.s Second Supplemental Questionnaire Response, dated January 25, 2021 Petitioners Second Supplemental Questionnaire Response; and Petitioners Letter, R125 Pentafluoroethane from the Peoples Republic of China: Honeywell International Inc.s Third Supplemental Questionnaire Response, dated January 28, 2021 Petitioners Third Supplemental Questionnaire Response.
5 See Determination of Industry Support for the Petition section, infra.

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Period of Investigation Because China is a non-market economy NME country, pursuant to 19
CFR 351.204b1, the period of investigation POI is July 1, 2020, through December 31, 2020.
Scope of the Investigation The product covered by this investigation is R125 from China. For a full description of the scope of this investigation, see the appendix to this notice.
Comments on the Scope of the Investigation On January 14, 22, and 27, 2021, Commerce requested further information from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.6 On January 19 and 28, 2021, the petitioner revised the scope.7
The description of the merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications.
As discussed in the Preamble to Commerces regulations, we are setting aside a period for interested parties to raise issues regarding product coverage i.e., scope.8 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information, all such factual information should be limited to public information.9 To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00
p.m. Eastern Time ET on February 22, 2021, which is the next business day after 20 calendar days from the signature date of this notice.10 Any rebuttal comments, which may include factual information, must be filed by 6 See General Issues Supplemental at 3; see also Phone Call with Petitioners Counsel at 1; and Second Phone Call with Petitioners Counsel at 1.
7 See Petitioners First Supplemental Questionnaire Response at 12; see also Petitioners Third Supplemental Questionnaire Response at 12.
8 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 May 19, 1997
Preamble.
9 See 19 CFR 351.102b21 defining factual information.
10 Commerces practice dictates that where a deadline falls on a weekend or Federal holiday in this instance, February 21, 2021, the appropriate deadline is the next business day. See Notice of Clarification: Application of Next Business Day Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 May 10, 2005 Next Business Day Rule.

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5:00 p.m. ET on March 4, 2021, which is 10 calendar days from the initial comment deadline.11
Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All scope submissions must be filed on the records of the concurrent AD and CVD investigations.
Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliances E&Cs Antidumping Duty and Countervailing Duty Centralized Electronic Service System ACCESS, unless an exception applies.12 An electronically filed document must be received successfully in its entirety by the time and date it is due.
Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of R125 to be reported in response to Commerces AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production FOPs accurately, as well as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics.
In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on February 22, 2021, which is the next business day after 20 calendar days from the signature date of this notice.13 Any 11 See
19 CFR 351.303b.
Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 July 6, 2011; see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 November 20, 2014 for details of Commerces 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_on_Electronic_
Filing_Procedures.pdf.
13 See 19 CFR 351.303b. Commerce practice dictates that where a deadline falls on a weekend or Federal holiday in this instance, February 21, 12 See
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Federal Register - February 8, 2021

TitreFederal Register

PaysÉtats-Unis

Date08/02/2021

Page count156

Edition count7798

Première édition14/03/1936

Dernière édition18/06/2026

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