[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73832-73837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29344]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-998]
1,1,1,2-Tetrafluoroethane From the People's Republic of China:
Initiation of Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: December 9, 2013.
FOR FURTHER INFORMATION CONTACT: Frances Veith or Joshua Startup at
(202) 482-4295, (202) 482-5260, respectively, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
[[Page 73833]]
The Petition
On October 22, 2013, the Department of Commerce (``Department'')
received an antidumping duty (``AD'') petition concerning imports of
1,1,1,2-Tetrafluoroethane (``tetrafluoroethane'') from the People's
Republic of China (``PRC'') filed in proper form on behalf of Mexichem
Fluor, Inc. (``Petitioner'').\1\ Petitioner is a domestic producer of
tetrafluoroethane. On October 25 and November 6, 2013, the Department
requested additional information and clarification of certain areas of
the Petition, and on October 29 and November 8, 2013, respectively,
Petitioner filed a response to each request.\2\ On November 7, 2013,
Petitioner filed a response to the Department's November 6, 2013,
request for additional information and clarification of the scope of
the Petition.\3\
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\1\ See ``Petition for the Imposition of Antidumping Duties on
Imports of 1,1,1,2-Tetrafluoroethane from the People's Republic of
China,'' dated October 22, 2013 (``Petition'').
\2\ See Petitioner's October 29, 2013, filing titled, ``1,1,1,2-
Tetrafluoroethane from the People's Republic of China: Response to
Antidumping Supplemental Questionnaire,'' (``AD Supplement to the
Petition''); see also Petitioner's October 29, 2013, filing titled,
``1,1,1,2-Tetrafluoroethane from the People's Republic of China:
Response to General Issues Supplemental Questionnaire,'' (``General
Issues Supplement''), and Petitioner's November 8, 2013, filing,
titled ``1,1,1,2-Tetrafluoroethane from the People's Republic of
China: Response to Second Antidumping Supplemental Questionnaire.''
\3\ See Petitioner's November 7, 2013, filing titled, ``1,1,1,2-
Tetrafluoroethane from the People's Republic of China: Response to
Scope Questionnaire.''
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (``the Act''), Petitioner alleges that imports of
tetrafluoroethane from the PRC are being, or are likely to be, sold in
the United States at less than fair value within the meaning of section
731 of the Act, and that such imports are materially injuring, or
threatening material injury to, an industry in the United States. Also,
consistent with section 732(b)(1) of the Act, the Petition is
accompanied by information reasonably available to Petitioner in
support of its allegations.
The Department finds that Petitioner filed this Petition on behalf
of the domestic industry because Petitioner is an interested party as
defined in section 771(9)(C) of the Act. The Department also finds that
Petitioner has demonstrated sufficient industry support with respect to
the initiation of the AD investigation that Petitioner is
requesting.\4\
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\4\ See the ``Determination of Industry Support for the
Petitions'' section, below.
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Period of Investigation
Pursuant to 19 CFR 351.204(b)(1), because the Petition was filed on
October 22, 2013, the period of investigation (``POI'') is April 1,
2013, through September 30, 2013.\5\
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\5\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation
The product covered by this investigation is tetrafluoroethane from
the PRC.\6\
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\6\ See Appendix I of this notice for a full description of the
scope of this investigation.
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Comments on the Scope of the Investigation
During our review of the Petition, we discussed the scope with
Petitioner to ensure that it is an accurate reflection of the product
for which the domestic industry is seeking relief. Moreover, as
discussed in the preamble to the regulations,\7\ we are setting aside a
period for interested parties to raise issues regarding product
coverage. The Department encourages all interested parties to submit
such comments by December 23, 2013, 5:00 p.m. Eastern Time.\8\ All
comments must be filed on the record of the AD investigation, as well
as the concurrent PRC countervailing duty (``CVD'') investigation. The
period of scope comments is intended to provide the Department with
ample opportunity to consider all comments and to consult with parties
prior to the issuance of the preliminary determinations.
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\7\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\8\ Scope comments are typically due 20 calendar days from the
signature date of this notice, which in this case falls on a Sunday.
Department 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, 24533
(May 10, 2005).
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Comments on the Product Characteristics for Antidumping Duty
Questionnaire
The Department requests comments from interested parties regarding
the appropriate physical characteristics of tetrafluoroethane to be
reported in response to the Department's AD questionnaire. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors and
costs of production accurately, as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics and (2) product-comparison criteria. We note that it is
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful
commercial differences among products. In other words, while there may
be some physical product characteristics utilized by manufacturers to
describe tetrafluoroethane, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, the Department attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, we must receive comments
on product characteristics by December 23, 2013. Rebuttal comments must
be received by December 30, 2013. All comments and submissions to the
Department must be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (IA ACCESS).
Filing Requirements
All submissions to the Department must be filed electronically
using IA ACCESS. An electronically filed document must be received
successfully in its entirety by 5:00 p.m. on the due date.\9\ Documents
excepted from the electronic submission requirements must be filed
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, and stamped with the
date and time of receipt by the deadline noted above.
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\9\ 19 CFR 351.303(b)(1).
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) 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
[[Page 73834]]
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 732(c)(4)(D) 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,
the Department 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
using a statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission
(``ITC''), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both the
Department and the ITC must apply the same statutory definition
regarding the domestic like product,\10\ they do so for different
purposes and pursuant to a separate and distinct authority. In
addition, the Department's determination is subject to limitations of
time and information. Although this may result in different definitions
of the like product, such differences do not render the decision of
either agency contrary to law.\11\
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\10\ See section 771(10) of the Act.
\11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, Petitioner does not offer
a definition of domestic like product distinct from the scope of the
investigation. Based on our analysis of the information submitted on
the record, we have determined that tetrafluoroethane, as defined in
the scope of the investigation, constitutes a single domestic like
product and we have analyzed industry support in terms of that domestic
like product.\12\
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\12\ See Antidumping Duty Investigation Initiation Checklist:
1,1,1,2-Tetrafluoroethane from the People's Republic of China (``AD
Initiation Checklist'') at Attachment II, Analysis of Industry
Support for the Petitions Covering 1,1,1,2-Tetrafluoroethane from
the People's Republic of China (``Attachment II''). This checklist
is dated concurrently with this notice and on file electronically
via IA ACCESS. Access to documents filed via IA ACCESS is also
available in the Central Records Unit (``CRU''), Room 7046 of the
main Department of Commerce building.
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On November 1, 2013, the Department extended the initiation
deadline by 20 days to poll the domestic industry in accordance with
section 732(c)(4)(D) of the Act, because it was ``not clear from the
Petitions whether the industry support criteria have been met . . . .''
\13\
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\13\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping Duty and Countervailing Duty Petitions:
1,1,1,2-Tetrafluoroethane From the People's Republic of China, 78 FR
66894, 66895 (November 7, 2013).
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On November 7, 2013, we issued polling questionnaires to all known
producers of tetrafluoroethane identified in the Petition and by the
ITC. We requested that each company complete the polling questionnaire
and certify its response by the due date specified in the cover letter
to the questionnaire.\14\ The questionnaire stated that, if a company
did not take a position with respect to the Petition (either support,
oppose, or no opinion), we would presume the company has no opinion.
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\14\ For a detailed discussion of the responses received, see AD
Initiation Checklist at Attachment II. The polling questionnaire and
questionnaire responses are on file electronically via IA ACCESS and
can also be accessed through the CRU.
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Our analysis of the data received in the polling questionnaire
responses indicates that the domestic producers of tetrafluoroethane
which support the Petition account for at least 25 percent of the total
production of the domestic like product and 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.\15\
Accordingly, the Department determines that the industry support
requirements of section 732(c)(4)(A) of the Act have been met.
Therefore, the Department determines that Petitioner filed this
Petition on behalf of the domestic industry because it is an interested
party as defined in section 771(9)(C) of the Act and it has
demonstrated sufficient industry support with respect to the AD
investigation that it is requesting the Department initiate.\16\
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\15\ See AD Initiation Checklist at Attachment II.
\16\ Id.
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Allegations and Evidence of Material Injury and Causation
Petitioner alleges that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the imports of the subject merchandise
sold at less than normal value (``NV''). In addition, Petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\17\
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\17\ See General Issues Supplement at 5-6 and Exhibit 5.
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Petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price depression
or suppression; lost sales and revenues; decline in U.S. sales; and
decline in financial performance.\18\ We have assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence and meet the statutory
requirements for initiation.\19\
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\18\ See Volume I of the Petition, at 4-13 and Exhibits I-5 and
I-8 through I-10; see also General Issues Supplement, at 5-6 and
Exhibits 4 and 5.
\19\ See AD Initiation Checklist, at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Petitions Covering 1,1,1,2-Tetrafluoroethane from the People's
Republic of China.
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Allegation of Sales at Less Than Fair Value
The following is a description of the allegation of sales at less
than fair value upon which the Department has based its decision to
initiate investigations of imports of tetrafluoroethane from the PRC.
The sources of data for the deductions and adjustments relating to U.S.
price and NV are discussed in greater detail in the AD Initiation
Checklist.
Export Price
Petitioner calculated export price (``EP'') based on one price
quote for Chinese tetrafluoroethane provided by a domestic distributor
of PRC chemical products, as identified in affidavits regarding U.S.
price.\20\ Based on the price quote's delivery terms, Petitioner
deducted from this price the charges and expenses associated with
exporting and delivering the product to the U.S.
[[Page 73835]]
customer (e.g., insurance and freight, U.S. duty and U.S inland
freight).\21\ Petitioner made no other adjustments.\22\
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\20\ See AD Initiation Checklist at 6; see also Volume II of the
Petition, at 4 and Exhibit II-7; see also AD Supplement to the
Petition, at 2-3 and Exhibit 5.
\21\ Id.
\22\ Id.
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Normal Value
Petitioner claims that the PRC is a non-market economy (``NME'')
country, and that this designation remains in effect as of the date of
this Petition.\23\ The presumption of NME status for the PRC has not
been revoked by the Department and, therefore, in accordance with
section 771(18)(C)(i) of the Act, remains in effect for purposes of the
initiation of this investigation. Accordingly, the NV of the product
for the investigation is appropriately based on factors of production
valued in a surrogate market-economy country in accordance with section
773(c) of the Act. In the course of this investigation, all parties
will have the opportunity to provide relevant information related to
the issues of the PRC's NME status and granting of separate rates to
individual exporters.
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\23\ See Volume II of the Petition at 1-2.
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Petitioner contends that Thailand is the appropriate surrogate
country for the PRC because: (1) It is at a level of economic
development comparable to that of the PRC, (2) it is a significant
producer of comparable merchandise relative to the tetrafluoroethane
that is the subject of the petition, and (3) the data available from
Thailand for valuing factors of production are available and
reliable.\24\ Based on the information provided by Petitioner, we
conclude that it is appropriate to use Thailand as a surrogate country
for initiation purposes.\25\ After initiation of this investigation,
interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value factors of production (FOPs) within 30
days before the scheduled date of the preliminary determination.\26\
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\24\ Id. at 1-3 and Exhibits II-3 through and II-6.
\25\ See AD Initiation Checklist.
\26\ See 19 CFR 351.301(c)(3)(i). Note that this is the revised
regulation published on April 10, 2013. See http://www.gpo.gov/fdsys/pkg/CFR-2013-title19-vol3/html/CFR-2013-title19-vol3.htm.
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Petitioner calculated NV using the Department's NME methodology as
required by 19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. In
calculating NV, Petitioner based the quantity of each of the inputs
used to manufacture the subject merchandise on its own consumption
experience which, Petitioner contends, to the best of its knowledge, is
similar to the consumption of PRC producers.\27\
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\27\ See Volume II of the Petition at 2 and Exhibits II-2 and
II-6.
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Petitioner valued the factors of production using reasonably
available, public surrogate country data, specifically, Thai import
data from the Global Trade Atlas (``GTA'') for the period February
through July 2013, the most recent six-month period for which data were
available.\28\ Petitioner excluded all import values from countries
previously determined by the Department to maintain broadly available,
non-industry-specific export subsidies and from countries previously
determined by the Department to be NME countries. Further, Petitioner
made currency conversions, where applicable, based on the POI-average
Thai Baht/U.S. dollar exchange rates.\29\ The Department determines
that the surrogate values used by Petitioner are reasonably available
and, thus, are acceptable for purposes of initiation.
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\28\ See Volume II of the Petition at 3 and Exhibit II-3.
\29\ See Volume II of the Petition at Exhibit II-4; see also AD
Supplement to the Petition at 4-5 and Exhibit 2.
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Petitioner determined direct materials costs from Thai import data
from the GTA.\30\ Petitioner applied certain conversion factors to
align the units of measure with its own factors of production.\31\
Petitioner calculated financial ratios (i.e., factory overhead
expenses, selling, general, and administrative (``SG&A'') expenses, and
profit) based on the most recent audited financial statements of Thai
Central Chemical Public Company Limited, a Thai manufacturer of
comparable merchandise (i.e., chemical fertilizers).\32\
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\30\ See Volume II of the Petition at Exhibit II-3.
\31\ Id. at Exhibit II-2.
\32\ See AD Supplement to Petition at 5.
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Fair Value Comparisons
Based on the data provided by Petitioner, there is reason to
believe that imports of tetrafluoroethane from the PRC are being, or
are likely to be, sold in the United States at less than fair value.
Based on comparisons of EP to NV in accordance with section 773(c) of
the Act, Petitioner calculated the estimated dumping margin to be
198.52 percent with respect to imports of tetrafluoroethane from the
PRC.\33\
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\33\ Id. at Exhibit 6, AD Margin.
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Initiation of Antidumping Duty Investigation
Based on our examination of the Petition on tetrafluoroethane from
the PRC, the Department finds that the petition meets the requirements
of section 732 of the Act. Therefore, we are initiating an AD
investigation to determine whether imports of tetrafluoroethane from
the PRC are being, or likely to be, sold in the United States at less
than fair value. In accordance with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed, we will issue our preliminary
determination no later than 140 days after the publication date of this
initiation.
Respondent Selection and Quantity and Value Questionnaire
In accordance with our standard practice for respondent selection
in AD investigations involving NME countries, we intend to issue
quantity and value questionnaires to each potential respondent, and
will base respondent selection on the responses received. In addition,
the Department will post the quantity and value questionnaire along
with the filing instructions on the Enforcement and Compliance Web site
(http://www.trade.gov/enforcement/news.asp). Exporters and producers of
tetrafluoroethane from the PRC that do not receive quantity and value
questionnaires via mail may still submit a quantity and value response,
and can obtain a copy from the Enforcement and Compliance Web site. The
quantity and value questionnaire must be submitted by all PRC
exporters/producers by no later than December 16, 2013. All quantity
and value questionnaires must be filed electronically using IA ACCESS.
Separate Rates
In order to obtain separate rate status in an NME AD investigation,
exporters and producers must submit a separate rate application.\34\
The specific requirements for submitting the separate rate application
in the PRC investigation are outlined in detail in the application
itself, which will be available on the Department's Web site at http://trade.gov/enforcement/ia-highlights-and-news.html on the date of
publication of this initiation notice in the Federal Register. The
separate rate application will be due 60 days after the publication of
this initiation notice. For exporters and producers who submit a
separate rate status application and have been selected as mandatory
respondents, these exporters and producers will no longer be eligible
for
[[Page 73836]]
consideration for separate rate status unless they respond to all parts
of the Department's AD questionnaire as mandatory respondents. The
Department requires that the PRC respondents submit a response to the
separate rate application by the deadline referenced above in order to
receive consideration for separate rate status.
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\34\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005) (Separate
Rates and Combination Rates Bulletin), available on the Department's
Web site at http://enforcement.trade.gov/policy/).
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Use of Combination Rates
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in an NME
investigation. The Separate Rates and Combination Rates Bulletin
states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that the Department will
now assign in its NME investigations will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation.\35\
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\35\ See Separate Rates and Combination Rates Bulletin at 6
(emphasis added).
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act, and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the Government of the PRC via IA ACCESS. Because of the
particularly large number of producers/exporters identified in the
Petition, the Department considers the service of the public version of
the Petition to the foreign producers/exporters to be satisfied by the
provision of the public versions of the Petition to the Government of
the PRC, consistent with 19 CFR 351.203(c)(2).
International Trade Commission Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of tetrafluoroethane from the PRC are
materially injuring, or threatening material injury to, a U.S.
industry.\36\ A negative ITC determination will result in the
investigation being terminated; otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\36\ See section 733(a) of the Act.
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Submission of Factual Information
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to AD and CVD proceedings: (1) The definition of
factual information (19 CFR 351.102(b)(21)), and (2) the time limits
for the submission of factual information (19 CFR 351.301). The final
rule identifies five categories of factual information in 19 CFR
351.102(b)(21), which are summarized as follows: (i) Evidence submitted
in response to questionnaires; (ii) evidence submitted in support of
allegations; (iii) publicly available information to value factors
under 19 CFR 351.408(c) or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the
Department; and (v) evidence other than factual information described
in (i)-(iv). The final rule requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted and, if the information is submitted
to rebut, clarify, or correct factual information already on the
record, to provide an explanation identifying the information already
on the record that the factual information seeks to rebut, clarify, or
correct. The final rule also modified 19 CFR 351.301 so that, rather
than providing general time limits, there are specific time limits
based on the type of factual information being submitted. These
modifications are effective for all proceeding segments initiated on or
after May 10, 2013, and thus are applicable to this investigation.
Please review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to
submitting factual information for this investigation.
Revised Extension of Time Limits Regulation
On September 20, 2013, the Department modified its regulation
concerning the extension of time limits for submissions in AD and CVD
proceedings. The modification clarifies that parties may request an
extension of time limits before a time limit established under Part 351
expires, or as otherwise specified by the Secretary. In general, an
extension request will be considered untimely if it is filed after the
time limit established under Part 351 expires. For submissions which
are due from multiple parties simultaneously, an extension request will
be considered untimely if it is filed after 10:00 a.m. on the due date.
Examples include, but are not limited to: (1) Case and rebuttal briefs,
filed pursuant to 19 CFR 351.309; (2) factual information to value
factors under section 19 CFR 351.408(c), or to measure the adequacy of
remuneration under section 19 CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal, clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the
selection of a surrogate country and surrogate values and rebuttal; (4)
comments concerning CBP data; and (5) quantity and value
questionnaires. Under certain circumstances, the Department may elect
to specify a different time limit by which extension requests will be
considered untimely for submissions which are due from multiple parties
simultaneously. In such a case, the Department will inform parties in
the letter or memorandum setting forth the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. This modification also requires that an extension
request must be made in a separate, stand-alone submission, and
clarifies the circumstances under which the Department will grant
untimely-filed requests for the extension of time limits. These
modifications are effective for all segments initiated on or after
October 21, 2013. Review Extension of Time Limits; Final Rule,
available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this segment.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\37\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives in all AD or CVD investigations or proceedings
initiated on or after August 16, 2013,
[[Page 73837]]
including this investigation.\38\ The formats for the revised
certifications are provided at the end of the Final Rule. The
Department intends to reject factual submissions if the submitting
party does not comply with the revised certification requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certifications of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule'').
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: December 2, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The product subject to this investigation is 1,1,1,2-
Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of
form, type, or purity level. The chemical formula for 1,1,1,2-
tetrafluoroethane is CF3-CH2F, and the
Chemical Abstracts Service (``CAS'') registry number is CAS 811-97-
2.
1,1,1,2-Tetrafluoroethane is sold under a number of trade names
including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a
(Honeywell); Suva 134a, Dymel 134a, and Dymel P134a (DuPont);
Solkane 134a (Solvay); and Forane 134a (Arkema). Generically,
1,1,1,2-tetrafluoroethane has been sold as Fluorocarbon 134a, R-
134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159.
Merchandise covered by the scope of this investigation is
currently classified in the Harmonized Tariff Schedule of the United
States (``HTSUS'') at subheading 2903.39.2020. Although the HTSUS
subheading and CAS registry number are provided for convenience and
customs purposes, the written description of the scope is
dispositive.
[FR Doc. 2013-29344 Filed 12-6-13; 8:45 am]
BILLING CODE 3510-DS-P