[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31088-31089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12590]
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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: Amended Affirmative Preliminary
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The purpose of this amended affirmative preliminary
determination is to correct a significant ministerial error in the
preliminary determination, published on April 18, 2014, that
countervailable subsidies are being provided to producers and exporters
of 1,1,1,2 tetrafluoroethane (``tetrafluoroethane'') from the People's
Republic of China (``PRC'').
DATES: Effective Date: May 30, 2014.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Alexis Polovina,
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 202.482.3927, respectively.
SUPPLEMENTARY INFORMATION: On April 18, 2014, we published our
preliminary determination stating that countervailable subsidies are
being provided to producers and exporters of tetrafluoroethane from the
PRC.\1\ On April 21, 2014, T.T. International Co., Ltd. (``T.T.
International'') and Zhejiang Quhua Fluor-Chemistry Co., Ltd., a
Chinese exporter of subject merchandise, and its cross-owned affiliates
(collectively ``JUHUA'') (``respondents''), and Weitron International
Refrigeration Equipment (Kunshan) Co., Ltd., an exporter of subject
merchandise, and its affiliated U.S. reseller, Weitron, Inc.
(collectively ``Weitron'') filed timely allegations of significant
ministerial errors contained in the Department's Preliminary
Determination. After reviewing the allegations, we determine that the
Preliminary Determination included a significant error. Therefore, we
made changes, as described below, to the Preliminary Determination.
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\1\ See Countervailing Duty Investigation of 1,1,1,2
Tetrafluoroethane from the People's Republic of China: Preliminary
Determination and Alignment of Final Determination with Final
Antidumping Determination, 79 FR 21895 (April 18, 2014)
(``Preliminary Determination'').
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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.
Analysis of Alleged Significant Ministerial Error Allegation
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of
[[Page 31089]]
unintentional error which the Secretary considers ministerial.'' With
respect to preliminary determinations, 19 CFR 351.224(e) provides that
the Department ``will analyze any comments received and, if
appropriate, correct any significant ministerial error by amending the
preliminary determination. . .'' A significant ministerial error is
defined as an error, the correction of which, singly or in combination
with other errors, would result in: (1) A change of at least five
absolute percentage points in, but not less than 25 percent of, the
countervailable subsidy rate calculated in the original (erroneous)
preliminary determination; or (2) a difference between a
countervailable subsidy rate of zero (or de minimis) and a
countervailable subsidy rate of greater than de minimis or vice
versa.\2\
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\2\ See 19 CFR 351.224(g).
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As explained further in the Ministerial Error Memorandum issued
concurrently with this Notice,\3\ we determine that the Preliminary
Determination contained an error with respect to our calculation of
``tier two'' world market benchmark prices for measuring the adequacy
of remuneration for the provision of acidspar to respondents pursuant
to 19 CFR 351.511(a)(2)(ii). Correction of this error results in a
change to the preliminary subsidy rate for T.T. International of more
than five absolute points and not less than 25 percent of the
originally calculated margin. Thus, the error is significant for T.T.
International within the meaning of 19 CFR 351.224(g).\4\
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\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from James C. Doyle, Director, Office V,
through Christian Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, entitled, ``Allegation of a
Significant Ministerial Error in the Preliminary Determination,''
dated concurrently with this notice for the analysis performed
(``Ministerial Error Memorandum''). This memorandum is on file
electronically via Enforcement and Compliance's Antidumping and
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
Department's Central Records Unit in Room 7046 of the Department of
Commerce building.
\4\ Id.
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Amended Preliminary Determination
The Department determines that there was a significant ministerial
error in the subsidy rate calculated for T.T. International in the
Preliminary Determination. Consequently, we are amending the
preliminary countervailing duty rate calculation for T.T. International
pursuant to 19 CFR 351.224(e). In addition, the preliminary ``All
Others'' rate was based on the simple average of the subsidy rates
calculated for T.T. International and Zhejiang Quhua Fluor-Chemistry
Co., Ltd., and its cross-owned affiliates (collectively ``JUHUA'').
Thus, we are also amending the ``All Others'' rate to account for the
change in T.T. International's subsidy rate. Specifically, we are
calculating the simple average of the corrected subsidy rate for T.T.
International and the subsidy rate for JUHUA, unchanged from the
Preliminary Determination. The rate for Jiangsu Bluestar Green
Technology Co., Ltd. remains unchanged.
As a result, the amended preliminary net countervailable subsidy
rates are as follows:
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Subsidy
Company rate
(percent)
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T.T. International Co., Ltd................................. 16.18
JUHUA (including Zhejiang Quhua Fluor-Chemistry Co., Ltd., 4.04
and other Juhua Stock Companies)...........................
Jiangsu Bluestar Green Technology Co., Ltd.................. 1.35
All Others.................................................. 10.11
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Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised, in accordance with section 703(d) and (f) of the Tariff Act
of 1930, as amended (the ``Act''). Specifically, we will instruct U.S.
Customs and Border Protection (``CBP'') to continue to suspend
liquidation and to require a cash deposit in the amounts indicated
above, on all entries of tetrafluoroethane from the PRC that are
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of this notice in the Federal Register.
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
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
This determination is issued and published pursuant to sections
703(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12590 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-DS-P