[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Notices]
[Pages 37287-37289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15420]
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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:
Antidumping Duty Investigation; Amended Affirmative Preliminary
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is amending
the preliminary determination of the less-than-fair-value (``LTFV'')
investigation of 1,1,1,2-Tetrafluoroethane (``tetrafluoroethane'') from
the People's Republic of China (``PRC'') to correct a significant
ministerial error with respect to our preliminary critical
circumstances determination. The period of investigation is April 1,
2013, through September 30, 2013.
DATES: Effective July 1, 2014.
FOR FURTHER INFORMATION CONTACT: Frances Veith or Bob Palmer, 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-
4295 or (202) 482-9068, respectively.
SUPPLEMENTARY INFORMATION: On May 29, 2014, the Department published
its Preliminary Determination.\1\ On May 22,
[[Page 37288]]
2014, the Department disclosed to interested parties its calculations
for the Preliminary Determination. On May 27, 2014, we received
ministerial error comments from Mexichem Fluor, Inc. (``Petitioner'')
alleging that the Department made certain significant ministerial
errors in the Preliminary Determination. No other party made an
allegation of ministerial errors. On May 30, 2014, Weitron
International Refrigeration Equipment (Kunshan) Co., Ltd. provided
reply comments to Petitioner's allegation. After reviewing the
allegations, we determine that the Preliminary Determination included a
significant ministerial error with respect to our preliminary critical
circumstances determination. Therefore, we made a change, as described
below, to the Preliminary Determination.
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\1\ See 1,1,1,2-Tetrafluroethane From the People's Republic of
China: Antidumping Duty Investigation, Preliminary Determination of
Sales at Less Than Fair Value, Affirmative Preliminary Determination
of Critical Circumstances, in Part, and Postponement of Final
Determination, 79 FR 30817 (May 29, 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 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 unintentional error which the Secretary considers
ministerial.'' With respect to preliminary determinations in
investigations, 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 antidumping duty rate calculated
in the original (erroneous) preliminary determination; or (2) a
difference between an antidumping duty rate of zero (or de minimis) and
an antidumping duty 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 preliminary
critical circumstances calculation. Correction of this error results in
a determination that Bluestar's imports were ``massive'' during the
comparison period and changes the preliminary critical circumstances
determination from a negative to an affirmative determination for
Bluestar.\4\ The Department considers this ministerial error to be
significant warranting an amendment to our preliminary critical
circumstances determination with respect to Bluestar. The Department
does not consider any of the other alleged ministerial errors to be
significant within the meaning of 19 CFR 351.224(g).\5\
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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, ``Antidumping Duty
Investigation of 1,1,1,2-Tetrafluoroethane from the People's
Republic of China: 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.
\5\ See Ministerial Error Memorandum.
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Amended Affirmative Preliminary Determination of Critical Circumstances
The Department determines that there was a significant ministerial
error in the critical circumstances calculation for Bluestar in the
Preliminary Determination. Consequently, we are amending the critical
circumstances preliminary determination with respect to Bluestar
pursuant to 19 CFR 351.224(e). Specifically, we found an unintentional
error in our calculation under the statutory criteria involving massive
imports over a relatively short period.\6\ In our corrected calculation
of Bluestar's massive import analysis, we found that imports based on
Bluestar's reported shipments of merchandise under consideration
increased during the comparison period by more than 15 percent over its
respective imports in the base period.\7\ Therefore, we amend our
preliminarily determination and find there also to be massive imports
for Bluestar, pursuant to section 733(e)(1)(B) of the Tariff Act of
1930, as amended (the ``Act'') and 19 CFR 351.206(c)(2)(i).
Accordingly, as both conditions under section 733(e)(1)(A)(ii) and
733(e)(1)(B) of the Act have been satisfied, we find that critical
circumstances exist with respect to Bluestar.
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\6\ See section 733(e)(1)(B).
\7\ See Ministerial Error Memorandum, Allegation 1 and
Attachment.
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Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised, in accordance with section 733(e)(2) of the Act because we
have preliminarily found that critical circumstances exist with regard
to imports exported by Bluestar. We will instruct U.S. Customs and
Border Protection (``CBP'') to suspend liquidation of all entries \8\
of tetrafluoroethane from the PRC, that are entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the date on which the suspension of liquidation was first ordered
(i.e., May 29, 2014, the date of publication in the Federal Register of
the notice of an affirmative preliminary determination that
tetrafluoroethane is being, or is likely to be, sold in the United
States at LTFV).
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\8\ In the Preliminary Determination, we found that critical
circumstances exist with respect to all exporters except for
Bluestar. See Preliminary Determination, 79 FR at 30818. We note
that we inadvertently omitted language in the ``Suspension of
Liquidation'' section indicating that we will instruct CBP to
suspend liquidation on the applicable entries on or after the date
which is 90 days before the date on which the suspension of
liquidation was first ordered. The correct suspension of liquidation
language for all entries is provided here.
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We will also instruct CBP to require a cash deposit equal to the
estimated preliminary antidumping duty rate reflected in the
Preliminary Determination. This suspension of liquidation will remain
in effect until further notice.
[[Page 37289]]
International Trade Commission Notification
In accordance with section 733(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
733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: June 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-15420 Filed 6-30-14; 8:45 am]
BILLING CODE 3510-DS-P