Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices The Department of Commerce Commerce preliminarily determines that critical circumstances exist, in part, with respect to imports of pentafluoroethane R125 from certain producers and exporters from the Peoples Republic of China China.
DATES: Applicable July 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua Tucker or Adam Simons, 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 4822044 or 202 4826172, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:

khammond on DSKJM1Z7X2PROD with NOTICES

Background On January 11, 2021, Commerce received a countervailing duty CVD
petition concerning imports of R125
from China filed in proper form on behalf of the petitioner, Honeywell International, Inc.1 On February 1, 2021, we initiated this investigation,2 and on June 25, 2021, we published an affirmative Preliminary Determination.3
Commerce selected Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.
Juxin and Zhejiang Sanmei Chemical Ind. Co., Ltd. Sanmei as the individually-examined respondents in this investigation.
On June 4, 2021, the petitioner alleged that critical circumstances exist with respect to imports of R125 from China, pursuant to section 703e1 of the Tariff Act of 1930, as amended the Act, and 19 CFR 351.206.4 On June 10, 2021, Commerce requested monthly shipment data from Juxin and Sanmei for subject merchandise for the period August 2020
to May 2021, which Commerce received on June 17, 2021.5
1 See Petitioners Letter, Petition for the Imposition of Antidumping and Countervailing Duties Pursuant to sections 701 and 731 of the Tariff Act of 1930, as Amended, on Behalf of Honeywell International, Inc., dated January 11, 2021 Petition.
2 See Pentafluoroethane R125 from the Peoples Republic of China: Initiation of Countervailing Duty Investigation, 86 FR 8589 February 8, 2021
Initiation Notice.
3 See Pentafluoroethane R125 from the Peoples Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Determination, 86 FR 33648 June 25, 2020
Preliminary Determination, and accompanying Preliminary Decision Memorandum PDM.
4 See Petitioners Letter, Petitioners Critical Circumstances Allegation, dated June 4, 2021
Critical Circumstances Allegation.
5 See Juxins Letter, Juxin Critical Circumstances Response, dated June 17, 2021 Juxin Critical Circumstances Data; and Sanmeis Letter, Submission of Zhejiang Sanmeis Critical Circumstances Information, dated June 17, 2021
Sanmei Critical Circumstances Data.

VerDate Sep<11>2014

17:26 Jul 09, 2021

Jkt 253001

In accordance with section 703e1
of the Act and 19 CFR 351.206c1, because the petitioner submitted its critical circumstance allegation more than 30 days before the scheduled date of the final determination,6 Commerce will make a preliminary finding as to whether there is a reasonable basis to believe or suspect that critical circumstances exist. Commerce will issue its preliminary finding of critical circumstances within 30 days after the petitioner submits the allegation.7
Period of Investigation POI
The POI is January 1, 2020, through December 31, 2020.
Critical Circumstances Allegation The petitioner alleges that there was a massive increase of imports of R125
from China and provided monthly import data for the period October 2020
through March 2021.8 The petitioner states that a comparison of total imports, by quantity, for the base period October 2020 through December 2020 to the comparison period January 2021
through March 2021, shows that imports of R125 from China increased by 45.5
percent,9 which is massive under 19
CFR 351.206h2. The petitioner also alleges that there is a reasonable basis to believe that there are subsidies in this investigation which are inconsistent with the Subsidies and Countervailing Measures Agreement of the World Trade Organization SCM Agreement.10
Critical Circumstances Analysis Section 703e1 of the Act provides that Commerce will preliminarily determine that critical circumstances exist in a CVD investigation if there is a reasonable basis to believe or suspect that: A The alleged countervailable subsidy is inconsistent with the SCM
Agreement; 11 and B there have been 6 The final determination for this CVD
investigation is currently due no later than October 21, 2021.
7 See 19 CFR 351.206c2ii. In this case, 30
days after the petitioner submitted the allegation would place the deadline on Sunday, July 4, 2021.
Commerces practice dictates that where a deadline falls on a weekend or federal holiday, 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.
8 See Critical Circumstances Allegation at 8 and Exhibit 1.
9 Id.
10 Id. at 45.
11 Commerce limits its critical circumstances findings to those subsidies contingent upon export performance or use of domestic over imported goods i.e., those prohibited under Article 3 of the SCM Agreement. See, e.g., Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination:

PO 00000

Frm 00006

Fmt 4703

Sfmt 4703

36527

massive imports of the subject merchandise over a relatively short period.
In determining whether there are massive imports over a relatively short period, pursuant to section 703e1B of the Act and 19 CFR
351.206h and i, Commerce normally compares the import volumes of the subject merchandise for at least three months immediately preceding the filing of the petition i.e., the base period to a comparable period of at least three months following the filing of the petition i.e., the comparison period. However, the regulations also provide that if Commerce finds that importers, or exporters or producers, had reason to believe, at some time prior to the beginning of the proceeding, that a proceeding was likely, Commerce may consider a period of not less than three months from the earlier time.12 Imports must increase by at least 15 percent during the comparison period to be considered massive.13
Alleged Countervailable Subsidies Are Inconsistent With the SCM Agreement Juxin, Sanmei, and All Other Companies On May 3, 2021, the petitioner filed a New Subsidies Allegation, alleging that Chinese producers of subject merchandise benefited from additional subsidies provided by the Government of China, including the Export Buyers Credit Program and the Export Sellers Credit Program.14 To determine whether there exists a reasonable basis to believe or suspect that an alleged countervailable subsidy is inconsistent with the SCM Agreement, in accordance with section 703e1A of the Act, Commerce considered the evidence on the record pertaining to the petitioners allegation that the Export Buyers Credit Program and the Export Sellers Credit Program are inconsistent with the SCM
Agreement. Specifically, with regard to these programs, the petitioner has alleged the elements of a subsidy,15
supported with information reasonably available to the petitioner,16 that appear to be export contingent, which would render them inconsistent with the SCM
Agreement. Therefore, Commerce preliminarily determines that there is a Carbon and Certain Alloy Steel Wire from Germany, 67 FR 55808, 5580910 August 30, 2002.
12 See 19 CFR 351.206i.
13 See 19 CFR 351.206h2.
14 See Petitioners Letter, New Subsidies Allegation, dated May 3, 2021 New Subsidies Allegation.
15 See New Subsidies Allegation at 25.
16 Id. see also Petitioners Letter, New Subsidies Allegation Supplemental Response, dated May 17, 2021.

E:FRFM12JYN1.SGM

12JYN1