[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10662-10663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04399]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1279 (Final)]
Hydrofluorocarbon Blends and Components From China; Scheduling of
the Final Phase of an Antidumping Duty Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping duty investigation No. 731-TA-1279 (Final)
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether
an industry in the United States is materially injured or threatened
with material injury, or the establishment of an industry in the United
States is materially retarded, by reason of imports of
hydrofluorocarbon (``HFC'') blends and components from China, provided
for in subheadings 3824.78.00 (HFC blends) and 2903.39.20 (HFC
components) of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce to be sold at
less-than-fair-value.\1\
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\1\ For purposes of this investigation, the Department of
Commerce has defined the subject merchandise as ``blended
hydrofluorocarbons (HFCs) and single HFC components of those blends
thereof, whether or not imported for blending. HFC blends covered by
the scope are R-404, a zeotropic mixture consisting of 52 percent
1,1,1-Trifluoroethane, 44 percent Pentafluoroethane, and 4 percent
1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20 percent
Difluoromethane, 40 percent Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent
Difluoromethane, 25 percent Pentafluoroethane, and 52 percent
1,1,1,2-Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent
Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an
azeotropic mixture of 50 percent Pentafluoroethane and 50 percent
1,1,1-Trifluoroethane also known as R-507. The foregoing percentages
are nominal percentages by weight. Actual percentages of single
component refrigerants by weight may vary by plus or minus two
percent points from the nominal percentage identified above.
The single component HFCs covered by the scope are R-32, R-125,
and R-143a. R-32 or Difluoromethane has the chemical formula
CH2F2, and is registered as CAS No. 75-10-5.
It may also be known as HFC-32, FC-32, Freon-32, Methylene
difluoride, Methylene fluoride, Carbon fluoride hydride, halocarbon
R32, fluorocarbon R32, and UN 3252. R-125 or 1,1,1,2,2-
Pentafluoroethane has the chemical formula
CF3CHF2 and is registered as CAS No. 354-33-6.
R-125 may also be known as R-125, HFC-125, Pentafluoroethane, Freon
125, and Fc-125, R-125. R-143a or 1,1,1-Trifluoroethane has the
chemical formula CF3CH3 and is registered as
CAS No. 420-46-2. R-143a may also be known as R-143a, HFC-143a,
Methylfluoroform, 1,1,1-Trifluoroform, and UN2035.
Excluded from this investigation are blends of refrigerant
chemicals that include products other than HFCs, such as blends
including chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons
(HCFCs).
Also excluded from this investigation are patented HFC blends,
such as ISCEON[supreg] blends, including MO99TM (RR-438A), MO79 (R-
422A), MO59 (R-417A), MO49PlusTM (R-437A) and MO29TM (R-4 22D),
Genetron[supreg] PerformaxTM LT (R-407F), Choice[supreg] R-421A, and
Choice[supreg] R-421B.
We note that HFC blends were classified at HTSUS subheading
3824.78.0020 and single component HFCs were classified at HTSUS
subheading 2903.39.2030 in 2015.''
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DATES: Effective: February 1, 2016.
FOR FURTHER INFORMATION CONTACT: Joanna Lo (202-205-1888), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov). The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of this investigation is being
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of an affirmative preliminary
determination by the Department of Commerce that imports of
hydrofluorocarbon blends and components thereof from China are being
sold in the United States at less than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b). The investigation was
requested in a petition filed on June 25, 2015, by the American HFC
Coalition, and its members: Amtrol, Inc. (West Warwick, Rhode Island);
Arkema, Inc. (King of Prussia, Pennsylvania); The Chemours Company FC
LLC (Wilmington, Delaware); Honeywell International Inc. (Morristown,
New Jersey); Hudson Technologies (Pearl River, New York); Mexichem
Fluor Inc. (St. Gabriel, Louisiana); Worthington Industries, Inc.
(Columbus, Ohio); and District Lodge 154 of the International
Association of Machinists and Aerospace Workers (``IAMAW'').
For further information concerning the conduct of this phase of the
investigation, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of this
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigation need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigation.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of this investigation
available to authorized applicants under the APO issued in the
investigation, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigation. A party granted access
to BPI in the preliminary phase of the investigation need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
[[Page 10663]]
Staff report.--The prehearing staff report in the final phase of
this investigation will be placed in the nonpublic record on June 7,
2016, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of this investigation beginning at 9:30 a.m. on Tuesday,
June 21, 2016, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before June 10, 2016. A nonparty who
has testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on June 14, 2016, at the U.S. International Trade Commission Building,
if deemed necessary. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is June 14, 2016. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is June 28, 2016. In addition, any person who has not entered an
appearance as a party to the investigation may submit a written
statement of information pertinent to the subject of the investigation,
including statements of support or opposition to the petition, on or
before June 28, 2016. On July 13, 2016, the Commission will make
available to parties all information on which they have not had an
opportunity to comment. Parties may submit final comments on this
information on or before July 15, 2016, but such final comments must
not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on E-Filing, available on the
Commission's Web site at http://edis.usitc.gov, elaborates upon the
Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: This investigation is being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: February 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-04399 Filed 2-29-16; 8:45 am]
BILLING CODE 7020-02-P