Je veux savoir à propos de…

45960

Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices
The Department of Commerce Commerce preliminarily determines that pentafluoroethane R125 from the Peoples Republic of China China is being, or is likely to be, sold in the United States at less than fair value LTFV. The period of investigation is July 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.

SUMMARY:

Applicable August 17, 2021.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Benjamin A. Luberda, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4821959 or 202 4822185, respectively.
DATES:

SUPPLEMENTARY INFORMATION:

Background
khammond on DSKJM1Z7X2PROD with NOTICES

This preliminary determination is made in accordance with section 733b of the Tariff Act of 1930, as amended the Act. Commerce published the notice of initiation of this investigation on February 8, 2021.1 On March 12, 2021, Commerce limited the number of respondents selected for individual examination to the two largest R125
producers/exporters, by volume, that submitted a Q&V questionnaire response, and we issued the AD
questionnaire to them.2 These companies are Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd., Juxin and Zhejiang Sanmei Chemical Ind. Co., Ltd.
Sanmei. On May 10, 2021, Juxin informed Commerce that it would no longer participate as a mandatory respondent in this investigation.3 On June 3, 2021, Commerce postponed the preliminary determination of this investigation and the revised deadline is now August 10, 2021.4 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.5 A list of topics included 1 See Pentafluoroethane R125 from the Peoples Republic of China: Initiation of Less-Than-FairValue Investigation, 86 FR 8583 February 8, 2021
Initiation Notice.
2 See Memorandum, Respondent Selection, dated March 12, 2021.
3 See Juxins Letter, Juxin Withdrawal as a Mandatory Respondent, dated May 10, 2021 Juxin Withdrawal Letter.
4 See Pentafluoroethane R125 from the Peoples Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 86 FR 29752 June 3, 2021.
5 See Memorandum, Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Pentafluoroethane R
125 from the Peoples Republic of China, dated
VerDate Sep<11>2014

17:08 Aug 16, 2021

Jkt 253001

in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at https
access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/.
Scope of the Investigation The product covered by this investigation is R125 from China. For a complete description of the scope of this investigation, see Appendix I.
Scope Comments In accordance with the preamble to Commerces regulations,6 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage scope.7 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by Honeywell International, Inc. petitioner.8 For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.9
Commerce has preliminarily modified the scope language that appeared in the Initiation Notice. See the revised scope in Appendix I to this notice.
Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price in accordance with section 772a of the Act. Because China is a non-market economy, within the meaning of section 77118 of the Act, Commerce has calculated normal value NV in accordance with section 773c of the Act. Furthermore, pursuant to section 776a and b of the Act, Commerce has preliminarily relied concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
6 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 May 19, 1997.
7 See Initiation Notice at 8584.
8 See Petitioners Letters, Scope Comments, dated February 22, 2021; and Honeywell International Inc.s Scope Supplemental Questionnaire Response, dated July 20, 2021.
9 See Memorandum, Preliminary Scope Decision Memorandum, dated concurrently with, and hereby adopted by, this notice Preliminary Scope Decision Memorandum.

PO 00000

Frm 00009

Fmt 4703

Sfmt 4703

upon the facts otherwise available, with adverse inferences, in determining the estimated weighted-average dumping margin for the China-wide entity. For a full description of the methodology underlying Commerces preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 733e of the Act and 19 CFR 351.206, Commerce preliminarily determines that critical circumstances exist with respect to imports of R125 from China for the non-selected companies receiving a separate rate and the China-wide entity, including Juxin, but do not exist for Sanmei. For a full description of the methodology and results of Commerces critical circumstances analysis, see the Preliminary Decision Memorandum.
Combination Rates In the Initiation Notice,10 Commerce stated that it would calculate producer/
exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.11
In this investigation, we calculated producer/exporter combination rates for respondents eligible for separate rates.
Separate Rates In addition to Sanmei, we have preliminarily granted certain nonindividually examined respondents a separate rate. Also, because Juxin withdrew its participation as a mandatory respondent in this investigation, we have preliminarily denied a separate rate to Juxin and are treating it as part of the China-wide entity.12 See the Preliminary Decision Memorandum for details.
In calculating the rate for nonindividually examined separate rate respondents in a non-market economy antidumping duty AD investigation, Commerce normally looks to section 735c5A of the Act, which pertains to the calculation of the all-others rate in a market economy AD investigation, for guidance. Pursuant to section 735c5A of the Act, normally this rate shall be an amount equal to the weighted average of the estimated AD
rates established for those companies 10 See
Initiation Notice, 86 FR 8587.
Enforcement and Compliances 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 Commerces website at http enforcement.trade.gov/policy/bull05-1.pdf.
12 See Juxin Withdrawal Letter.
11 See
E:FRFM17AUN1.SGM

17AUN1