Federal Register - August 17, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline for case briefs.14
Pursuant to 19 CFR 351.309c, interested parties may comment on Commerces preliminary scope decision no later than 21 days after the publication date of the preliminary determination. Scope rebuttal briefs, limited to issues raised in the scope case briefs, may be submitted no later than seven days after the deadline for the scope case briefs. These deadlines apply for both the AD and CVD investigations.
For all scope issues, parties must file separate and identical documents on the records of both the AD and CVD
investigations. No new factual information or proprietary information should be included in the scope case briefs and scope rebuttal briefs.
Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.15
Pursuant to 19 CFR 351.309c2 and d2, parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: 1 A statement of the issue;
2 a brief summary of the argument;
and 3 a table of authorities.
Pursuant to 19 CFR 351.310c, interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the partys name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.
14 See
19 CFR 351.309; see also 19 CFR 351.303
for general filing requirements.
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
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Postponement of Final Determination and Extension of Provisional Measures
733f and 777i1 of the Act and 19
CFR 351.205c.
Section 735a2 of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR
351.210e2, Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.
On August 5, 2021, pursuant to 19
CFR 351.210e, Sanmei requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.16 In accordance with section 735a2A of the Act and 19
CFR 351.210b2ii, because: 1 The preliminary determination is affirmative; 2 the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and 3 no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, the deadline for Commerces final determination will be no later than 135 days after the date of publication of this preliminary determination.
Dated: August 10, 2021.
James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
International Trade Commission Notification In accordance with section 733f of the Act, Commerce will notify the International Trade Commission ITC of its determination. If the final determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties This determination is issued and published in accordance with sections 16 See Sanmeis Letter, Request to Postpone the Final Determination, dated August 5, 2021.
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Appendix I
Scope of the Investigation The merchandise covered by this investigation is pentafluoroethane R125, or its chemical equivalent, regardless of form, type or purity level. R125 has the Chemical Abstracts Service CAS registry number of 354336 and the chemical formula C2HF5.
R125 is also referred to as Pentafluoroethane, Genetron HFC 125, Khladon 125, Suva 125, Freon 125, and Fc125.
R125 that has been blended with other products is included within the scope if such blends contain 85% or more by volume R
125, on an actual percentage basis. However, R125 incorporated into a blend that conforms to ANSI/ASHRAE Standard 34 is excluded from the scope of this investigation.
When R125 is blended with other products and otherwise falls under the scope of this investigation, only the R125 component of the mixture is covered by the scope of this investigation.
Subject merchandise also includes purified and unpurified R125 that is processed in a third country or otherwise outside the customs territory of the United States, including, but not limited to, purifying, blending, or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope R125. The scope also includes R125 that is commingled with R125 from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation.
Excluded from the scope is merchandise covered by the scope of the antidumping order on Hydrofluorocarbon Blends from the Peoples Republic of China, including merchandise subject to the affirmative anticircumvention determination in Hydrofluorocarbon Blends from the Peoples Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order; Unfinished R32/
R125 Blends, 85 FR 15428 March 18, 2020.
See Hydrofluorocarbon Blends from the Peoples Republic of China: Antidumping Duty Order, 81 FR 55436 August 19, 2016
the Blends Order.
R125 is classified under Harmonized Tariff Schedule of the United States HTSUS
subheading 2903.39.2035 and 2903.39.2938.
Merchandise subject to the scope may also be entered under HTSUS subheadings 2903.39.2045, 3824.78.0020, and 3824.78.0050. The HTSUS subheadings and CAS registry number are provided for convenience and customs purposes. The written description of the scope of the investigation is dispositive.
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