Federal Register - February 8, 2021
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Source: Federal Register
8590
Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
of the Petition,2 to which the petitioner filed responses between January 19 and 28, 2021.3
In accordance with section 702b1
of the Tariff Act of 1930, as amended the Act, the petitioner alleges that the Government of China GOC is providing countervailable subsidies, within the meaning of sections 701 and 7715 of the Act, to producers of R125
in China and that such imports are materially injuring, or threatening material injury to, the domestic industry producing R125 in the United States.
Consistent with section 702b1 of the Act and 19 CFR 351.202b, for those alleged programs on which we are initiating a CVD investigation, the Petition is supported by information reasonably available to the petitioner.
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 with respect to the initiation of the requested CVD investigation.4
Period of Investigation
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Because the Petition was filed on January 12, 2021, the period of investigation is January 1, 2020, through December 31, 2020.5
2 See Commerces Letter, Petition for the Imposition of Countervailing Duties on Imports of Pentafluoroethane R125 from the Peoples Republic of China: Supplemental Questions, dated January 14, 2021; see also Commerces Letter, Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Pentafluoroethane R125 from the Peoples Republic of China: Supplemental Questions, dated January 14, 2021 General Issues Supplemental;
Memorandum, Phone Call with Counsel to the Petitioner, dated January 22, 2021 Phone Call with Petitioners Counsel; and Memorandum, Phone Call with Counsel to the Petitioner, dated January 27, 2021 Second Phone Call with Petitioners Counsel.
3 See Petitioners Letter, R125
Pentafluoroethane from the Peoples Republic of China: Honeywell International Inc.s CVD
Supplemental Questionnaire Response, dated January 19, 2021; see also Petitioners Letter, R
125 Pentafluoroethane from the Peoples Republic of China: Honeywell International Inc.s Supplemental Questionnaire Response, dated January 21, 2021 Petitioners First Supplemental Questionnaire Response; Petitioners Letter, R
125 Pentafluoroethane from the Peoples Republic of China: Honeywell International Inc.s Second Supplemental Questionnaire Response, dated January 25, 2021; 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.
4 See Determination of Industry Support for the Petition section, infra.
5 See 19 CFR 351.204b2.
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Scope of the Investigation The merchandise 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 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 determination. If scope comments include factual information,9 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope 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 5:00 p.m. ET on March 4, 2021, which is 10 calendar days from the initial comment deadline.
Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period.
However, if a party subsequently finds that additional factual information 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 1
2.
8 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 May 19, 1997 Preamble.
9 See 19 CFR 351.102b21 defining factual information.
10 See 19 CFR 351.303b. Commerces practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day in this instance, February 22, 2021. 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.
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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 comments must also be filed on the record of the concurrent AD investigation.
Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance E&Cs Antidumping Duty and Countervailing Duty Centralized Electronic Service System ACCESS, unless an exception applies.11 An electronically filed document must be received successfully in its entirety by the time and date it is due.
Consultations Pursuant to sections 702b4Ai and ii of the Act, Commerce notified the GOC of the receipt of the Petition and provided it the opportunity for consultations with respect to the CVD
Petition.12 The GOC did not request consultations.
Determination of Industry Support for the Petition Section 702b1 of the Act requires that a petition be filed on behalf of the domestic industry. Section 702c4A
of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: i At least 25
percent of the total production of the domestic like product; and ii more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702c4D
of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: i Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph A; or ii determine industry support 11 See 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 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.
12 See Commerces Letter, Pentafluoroethane R
125 from the Peoples Republic of China: Invitation for Consultation to Discuss the Countervailing Duty Petition, dated January 14, 2021.
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