[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21895-21897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08932]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-999]
Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane
From the People's Republic of China: Preliminary Affirmative
Determination and Alignment of Final Determination With Final
Antidumping Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of 1,1,1,2-Tetrafluoroethane
(``tetrafluoroethane'') from the People's Republic of China (the
``PRC''). We invite interested parties to comment on this preliminary
determination.
DATES: Effective Date: April 18, 2014.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Josh Startup, 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; telephone 202.482.7906
or 202.482.5260, respectively.
SUPPLEMENTARY INFORMATION:
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.
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the ``Act''). For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memo.\1\ The Preliminary Decision Memo is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
[[Page 21896]]
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memo can be
accessed directly on the Internet at http://trade.gov/enforcement. The
signed Preliminary Decision Memo and the electronic versions of the
Preliminary Decision Memo are identical in content.
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\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of 1,1,1,2-Tetrafluoroethane
from the People's Republic of China: Decision Memorandum for the
Preliminary Determination,'' dated concurrently with this notice
(``Preliminary Decision Memo'').
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The Department notes that, in making these findings, we relied, in
part, on facts available and, because one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, we drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\2\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memo.
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\2\ See sections 776(a) and (b) of the Act.
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Alignment
As noted in the Preliminary Decision Memo, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning
the final CVD determination in this investigation with the final
determination in the companion antidumping duty (``AD'') investigation
of 1,1,1,2-Tetrafluoroethane from the PRC.\3\ Consequently, the final
CVD determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
August 4, 2014, unless postponed.
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\3\ See 1,1,1,2-Tetrafluoroethane from the People's Republic of
China: Initiation of Antidumping Duty Investigation, 78 FR 73832
(December 9, 2013).
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Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual rate for each producer/exporter of the subject
merchandise individually investigated. We preliminarily determine the
countervailable subsidy rates to be:
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Company Subsidy rate
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T.T. International Co., Ltd.......... 28.74 percent.
JUHUA (including Zhejiang Quhua Fluor- 4.04 percent.
Chemistry Co., Ltd., and other Juhua
Stock Companies).
Jiangsu Bluestar Green Technology 1.35 percent.
Co., Ltd.
All Others........................... 16.39 percent.
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In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of tetrafluoroethane from the PRC that are entered, or
withdrawn from warehouse, for consumption on or after the date of the
publication of this notice in the Federal Register, and to require a
cash deposit for such entries of merchandise in the amounts indicated
above.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States. Under section 705(c)(5)(i) of
the Act, the all-others rate should exclude zero and de minimis rates
calculated for the exporters and producers individually investigated.
Where the rates for the investigated companies are all zero or de
minimis, section 705(c)(5)(A)(ii) of the Act instructs the Department
to establish an all-others rate using ``any reasonable method.''
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we
have not calculated the ``all-others'' rate by weight averaging the
rates of the two individually investigated respondents, because doing
so risks disclosure of proprietary information. Therefore, and
consistent with the Department's practice, for the ``all-others'' rate,
we calculated a simple average of the two responding firms' rates.\4\
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\4\ See, e.g., Countervailing Duty Investigation of Chlorinated
Isocyanurates From the People's Republic of China: Preliminary
Determination and Alignment of Final Determination With Final
Antidumping Determination, 79 FR 10097 (February 24, 2014).
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Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments may be submitted to
the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\5\ A table of contents, list of
authorities used and an executive summary of issues should accompany
any briefs submitted to the Department. This summary should be limited
to five pages total, including footnotes.
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\5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard
Time, within 30 days after the date of publication of this notice.\6\
Requests should contain the party's name, address, and telephone
number; the number of participants; and a list of the issues to be
discussed. If a request for a hearing is made, the Department intends
to hold the hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a date, time and
location to be determined. Parties will be notified of the date, time
and location of any hearing.
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\6\ See 19 CFR 351.310(c).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (``ITC'') of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
[[Page 21897]]
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: April 11, 2014.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memo
1. Summary
2. Background
3. Scope Comments
4. Scope of the Investigation
5. Alignment
6. Respondent Selection
7. Injury Test
8. Application of Countervailing Duty Law to Imports From the PRC
9. Subsidies Valuation
10. Benchmarks and Discount Rates
11. Use of Facts Otherwise Available and Adverse Inferences
12. Analysis of Programs
13. Verification
14. Conclusion
[FR Doc. 2014-08932 Filed 4-17-14; 8:45 am]
BILLING CODE 3510-DS-P