Federal Register - August 30, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices Amended Scope of the Investigation The product covered by this investigation is R125 from China. We are amending the scope of the CVD
investigation to conform with the scope of the companion AD investigation, as indicated below. Specifically, we are preliminarily:
Excluding R125 contained in blends that conform to American National Standards Institute ANSI/
American Society of Heating, Refrigeration, and Air-Conditioning Engineers ASHRAE Standard 34.
only covering R125 contained in blends not conforming to ANSI/
ASHRAE Standard 34 i.e., unfinished blends when such blends contain greater than 85 percent by volume on an actual percentage basis of R125.
removing the word current from the exclusion of merchandise subject to the order on Hydrofluorocarbon Blends from the Peoples Republic of China.
clarifying that the scope includes purified and unpurified R125 that is processed in a third country as long as such processing would not otherwise remove the R125 from the scope of the investigation if performed in China.
updating the applicable list of Harmonized Tariff Schedule of the United States HTSUS codes for the merchandise subject to the investigation due to an update to the HTSUS that occurred on July 1, 2021.
These preliminary scope modifications were first enumerated in the AD Preliminary Determination.3 For a complete description of the amended scope of this investigation, see the appendix to this notice.
Suspension of Liquidation
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We have not revised the estimated cash deposit rates published in the CVD
Preliminary Determination. In accordance with section 703d1B
and d2 of the Tariff Act of 1930, as amended the Act, we will direct U.S.
Customs and Border Protection CBP to continue to suspend liquidation of entries of subject merchandise as described in the amended scope of the investigation, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, and to continue to require a cash deposit, Preliminary Determination, and accompanying Issues and Decision Memorandum at 56; see also Memorandum, Antidumping and Countervailing Duty Investigations of Pentafluoroethane R125
from the Peoples Republic of China: Preliminary Scope Decision Memorandum, dated August 10, 2021, which was placed on the records of the AD
and CVD investigations.
3 See AD Preliminary Determination, 86 FR at 45962.
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pursuant to 19 CFR 351.205d.
Additionally, because certain products are now excluded from the scope of the investigation, Commerce will instruct CBP to terminate suspension of liquidation of those excluded products, and to refund any cash deposits previously posted with respect to them.
Public Comment Commerce has set a separate deadline for scope comments in the AD and CVD
R125 investigation proceedings.4 The current deadline for case briefs regarding scope issues is 21 days after the publication of the AD Preliminary Determination, which is September 7, 2021, and the deadline for rebuttal briefs regarding scope issues is seven days after scope case briefs are due, which is September 14, 2021.5 Pursuant to 19 CFR 351.309c2 and d2, parties who submit scope case briefs or scope 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.
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.
Notifications In accordance with section 703f of the Act, Commerce will notify the International Trade Commission of its amended determination. This determination is issued and published pursuant to sections 703f and 777i of the Act and 19 CFR 351.205c.
Dated: August 24, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
AppendixScope 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 Fc 125.
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 4 Id.
5 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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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.
FR Doc. 202118597 Filed 82721; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration Request for Comments on U.S. Clean Technologies Export Competitiveness Strategy International Trade Administration, Department of Commerce.
ACTION: Request for public comments.
AGENCY:
Recognizing the vital importance of clean technologies in tackling the global climate crisis and spurring U.S. innovation and creating well-paying jobs, the Department of Commerce DOC, in partnership with the Office of the Special Presidential Envoy for Climate SPEC, has made it a top priority to encourage growth and ensure U.S. innovation and competitiveness in clean technologies
SUMMARY:
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