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Enforcement and Compliance, International Trade Administration, Department of Commerce.
The U.S. Department of Commerce (Commerce) determines that certain companies subject to this administrative review of the antidumping duty order on 1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China (China) remain part of the China-wide entity during the period of review (POR), April 1, 2022, through March 31, 2023.
Applicable May 17, 2024.
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John Conniff, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 2437.
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Background
On January 25, 2024, Commerce published the preliminary results of this administrative review.[1] No interested party submitted comments concerning the Preliminary Results or requested a hearing in this administrative review. Accordingly, the final results remain unchanged from the Preliminary Results. Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by the order 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-CH2 F, and the Chemical Abstracts Service (CAS) registry number is CAS 811-97-2.[2]
Merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2903.45.1000. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive.
Final Results of Review
Because we received no comments, we made no changes from the Preliminary Results. We continue to find that certain companies under review did not file a separate rate application and did not demonstrate their eligibility for separate rate status and, therefore, are part of the China-wide entity.[3] As stated in the Preliminary Results, no party requested a review of the China-wide entity, and Commerce did not self-initiate a review of the China-wide entity. Because no review of the China-wide entity is being conducted, the China-wide entity's entries were not subject to the review, and the rate applicable to the China-wide entity was not subject to change as a result of this review. Thus, the China-wide entity rate remains 167.02 percent.
Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Because we determine that certain companies under review did not demonstrate separate rate eligibility and are part of the China-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 167.02 percent to all entries of subject merchandise during the POR that were exported by those companies.[4]
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) for previously investigated or reviewed Chinese or non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the China-wide entity ( i.e., 167.02 percent); and (3) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursem*nt of antidumping duties prior to liquidation of the relevant entries during this Start Printed Page 43379 review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursem*nt of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(5).
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Dated: May 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
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Appendix
List of Companies Under Review That Are Part of the China-Wide Entity
1. Bestcool Inc., Ltd.
2. Electrochemical Factory of Zhejiang Juhua Co., Ltd.
3. Fujian Qingliu Dongying Chemical Ind. Co., Ltd.
4. Hongkong Richmax Ltd.
5. Huantai Dongyue International Trade Co. Ltd.
6. ICOOL Chemical Co., Ltd.
7. Jinhua Binglong Chemical Technology Co., Ltd.
8. Jinhua Yonghe Fluorochemical Co., Ltd.
9. Ningbo FTZ ICOOL Prime International
10. Puremann, Inc.
11. Shandong Dongyue Chemical Co., Ltd.
12. Shandong Huaan New Material Co., Ltd.
13. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
14. Zhejiang Juhua Co., Ltd.
15. Zhejiang Morita New Materials Co., Ltd.
16. Zhejiang Organic Fluor-Chemistry Plant, Zhejiang Juhua Co., Ltd.
17. Zhejiang Quhua Fluor-Chemistry Co., Ltd.
18. Zhejiang Quhua Juxin Fluorochemical Industry Co., Ltd.
19. Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.
20. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd.
21. Zhejiang Yonghe Refrigerant Co., Ltd.
22. Zhejiang Zhonglan Refrigeration Technology Co., Ltd.
23. Zibo Feiyuan Chemical Co., Ltd.
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1. See 1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 89 FR 4909 (January 25, 2024) (Preliminary Results).
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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); FreonTM. 134a, Suva 134a, Dymel 134a, and Dymel P134a (Chemours); 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.
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3. See the appendix to this notice for the list of companies for which a review was requested that are part of the China-wide entity.
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4. See the appendix to this notice for the list of companies for which a review was requested that are part of the China-wide entity.
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[FR Doc. 2024-10884 Filed 5-16-24; 8:45 am]
BILLING CODE 3510-DS-P
